Header graphic for print
Class Action Countermeasures Discussions of the Strategic Considerations Involved In Class Action Defense

Tag Archives: Supreme Court

The Supreme Court is Also Coming for Judge Baer

Posted in Lawyers

 In what is rapidly becoming a trend, the Supreme Court denied certiorari in yet another class action (this time Martin v. Blessing, but one Justice wrote an accompanying opinion to signal where the Court may come out should the issue arise again. Martin is one of several cases in which SDNY Judge Harold Baer imposed a… Continue Reading

Overreaching, Underreaching, and the Supreme Court

Posted in Scholarship

 In the past few years, Professor Mark Moller of DePaul University Law School has proven to be one of the most thoughtful critics of modern class action law in the legal academy. While most commentators take on class action decisions from either a pro-plaintiff or pro-defendant standpoint, Professor Moller appears intent on evaluating these opinions according… Continue Reading

The Supreme Court Is Coming for Cy Pres

Posted in Settlement

 Not right away, but it’s thrown down the gauntlet. In denying certiorari in Marek v Lane, Chief Justice Roberts took the time to issue an accompanying opinion. Marek v. Lane, No. 13-136, 2013 U.S. LEXIS 7772 (Nov. 4, 2013). In it, the Chief Justice takes the time to rehearse the facts behind the controverisal Facebook… Continue Reading

No Right to Bring a Class Action – American Express Co. v. Italian Colors Restaurant

Posted in Motions Practice

 At the end of last week, the Supreme Court decided American Express Co. v. Italian Colors Restaurant, which further refined the Court’s approach to arbitration of class actions. Most importantly, it eliminated the "vindication of rights" exception to enforcing arbitration clauses. (That was the doctrine that held that a court need not compel arbitration of… Continue Reading

New signs of life for the predominance standard

Posted in Certification

 It’s a busy week for me, so here’s just a brief rundown of two opinions vacated and remanded from the US Supreme Court: RBS Citizens NA v. Ross (7th Cir. 2012). (More here.)  The Seventh Circuit affirmed certification of a wage-and-hour case, despite what it conceded was a less-than-optimal order certifying the class. RBS appealed… Continue Reading

Supreme Court reinforces predominance standard – Comcast Corp. v. Behrend

Posted in Certification

Yesterday, the Supreme Court issued its opinion in Comcast Corp. v. Behrend, the antitrust case which commentators (including me) had expected would finally resolve the question of whether a trial court must apply the Daubert evidentiary standard to expert testimony in a certification debate.  It turns out we were wrong. Due to a procedural defect… Continue Reading