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Arbitration - Click here to view all posts
The latest posts for Arbitration are listed below.
  • A Concepcion Work-Around?
    In Kolev v. Euromotors West, No. 09-55963 (9 th Cir., Sept. 20, 2011), the Ninth Circuit Court of Appeals has seemingly found an important exception to Concepcion. Kolev arises from a claim an owner ...
  • The New York Times Criticizes Concepcion
    In an editorial published on May 13, 2011, the New York Times took aim at AT&T Mobility v Concepcion and recognized it for what it is: "a devastating blow to consumer rights" and "a major setback ...
Chinese Dry Wall - Click here to view all posts
The latest posts for Chinese Dry Wall are listed below.
Civil Litigation - Click here to view all posts
The latest posts for Civil Litigation are listed below.
  • Eighth Circuit Favors Consumers in Zurn Opinion
    In an huge win for consumers, the United States Court of Appeals for the Eighth recently affirmed the district court's order granting class certification in In re Zurn Pex Plumbing Liability ...
  • One Stroke To Commonality
    In Wal-Mart Stores, Inc. v Dukes et a l, 564 U.S. ___ (2011) (Scalia, J.), the Supreme Court offered this definition of commonality - a common contention "must be of such a nature that is capable of ...
  • No Consideration, No Settlement?
    Numerous courts have wrestled with the propriety of "unmanifested defect" class actions, generally finding that no cause of action exists for a plaintiff who has not yet been injured. But what about ...
Class Actions - Click here to view all posts
The latest posts for Class Actions are listed below.
  • Use Caution: Cy Pres Settlements
    While we generally believe that in appropriate circumstances a settlement which provides only cy pres relief can be approved as fair, reasonable and adequate, there is no doubt that this mechanism is ...
  • Managing the "Unmanifested Defect" Class Action
    Product liability class actions involving "uninjured" plaintiffs are hardly a judicial novelty. District courts are well-able to manage and dismiss cases where the "uninjured" named plaintiff truly ...
  • Eighth Circuit Favors Consumers in Zurn Opinion
    In an huge win for consumers, the United States Court of Appeals for the Eighth recently affirmed the district court's order granting class certification in In re Zurn Pex Plumbing Liability ...
Concepcion - Click here to view all posts
The latest posts for Concepcion are listed below.
  • A Concepcion Work-Around?
    In Kolev v. Euromotors West, No. 09-55963 (9 th Cir., Sept. 20, 2011), the Ninth Circuit Court of Appeals has seemingly found an important exception to Concepcion. Kolev arises from a claim an owner ...
  • Anti-Piracy or Anti-Consumer?
    The door to the courthouse for consumers may have been closed by the Supreme Court's opinion in Concepcion, but the key is still under the mat for corporations looking to sue consumers en mass. In a ...
  • The New York Times Criticizes Concepcion
    In an editorial published on May 13, 2011, the New York Times took aim at AT&T Mobility v Concepcion and recognized it for what it is: "a devastating blow to consumer rights" and "a major setback ...
Cy Pres - Click here to view all posts
The latest posts for Cy Pres are listed below.
  • Use Caution: Cy Pres Settlements
    While we generally believe that in appropriate circumstances a settlement which provides only cy pres relief can be approved as fair, reasonable and adequate, there is no doubt that this mechanism is ...
Daubert - Click here to view all posts
The latest posts for Daubert are listed below.
  • Eighth Circuit Favors Consumers in Zurn Opinion
    In an huge win for consumers, the United States Court of Appeals for the Eighth recently affirmed the district court's order granting class certification in In re Zurn Pex Plumbing Liability ...
FLSA - Click here to view all posts
The latest posts for FLSA are listed below.
  • House Committee Considers Revising the FLSA
    On July 14, 2011, the House of Representatives Subcommittee on Workforce Protections held a hearing on the Fair Labor Standards Act (FLSA), to consider whether the Act is meeting the needs of the 21st ...
  • Are "Trainees" Employees?
    We are paying close attention to employers who skirt the FLSA by failing to pay so-called "trainees" overtime. The Fair Labor Standards Act (FLSA) defines an "employee" as "any individual employed by ...
Mass Arbitration - Click here to view all posts
The latest posts for Mass Arbitration are listed below.
  • After Concepcion
    Many members of the class action bar believe that the U.S. Supreme Court's decision in AT&T Mobility LLC v. Concepcion means the end of all class actions. We beg to differ. For sure, companies ...
Pollution Exclusion - Click here to view all posts
The latest posts for Pollution Exclusion are listed below.
Product Liability - Click here to view all posts
The latest posts for Product Liability are listed below.
  • Managing the "Unmanifested Defect" Class Action
    Product liability class actions involving "uninjured" plaintiffs are hardly a judicial novelty. District courts are well-able to manage and dismiss cases where the "uninjured" named plaintiff truly ...
Rule 23 (b)(3) - Click here to view all posts
The latest posts for Rule 23 (b)(3) are listed below.
  • Managing the "Unmanifested Defect" Class Action
    Product liability class actions involving "uninjured" plaintiffs are hardly a judicial novelty. District courts are well-able to manage and dismiss cases where the "uninjured" named plaintiff truly ...
  • Eighth Circuit Favors Consumers in Zurn Opinion
    In an huge win for consumers, the United States Court of Appeals for the Eighth recently affirmed the district court's order granting class certification in In re Zurn Pex Plumbing Liability ...
Rule 23(a) - Click here to view all posts
The latest posts for Rule 23(a) are listed below.
  • One Stroke To Commonality
    In Wal-Mart Stores, Inc. v Dukes et a l, 564 U.S. ___ (2011) (Scalia, J.), the Supreme Court offered this definition of commonality - a common contention "must be of such a nature that is capable of ...
Rule 23(b)(2) - Click here to view all posts
The latest posts for Rule 23(b)(2) are listed below.
  • One Stroke To Commonality
    In Wal-Mart Stores, Inc. v Dukes et a l, 564 U.S. ___ (2011) (Scalia, J.), the Supreme Court offered this definition of commonality - a common contention "must be of such a nature that is capable of ...
Rule 23(c)(4) - Click here to view all posts
The latest posts for Rule 23(c)(4) are listed below.
  • Certification by Subclass
    A long running debate under Rule 23 surrounds the use of Rule 23(c)(4). The Fifth Circuit, starting with Castano, years ago found that issues could not be certified unless the causes of actions to ...
Settlements - Click here to view all posts
The latest posts for Settlements are listed below.
  • Use Caution: Cy Pres Settlements
    While we generally believe that in appropriate circumstances a settlement which provides only cy pres relief can be approved as fair, reasonable and adequate, there is no doubt that this mechanism is ...
  • No Consideration, No Settlement?
    Numerous courts have wrestled with the propriety of "unmanifested defect" class actions, generally finding that no cause of action exists for a plaintiff who has not yet been injured. But what about ...
  • No Injury, No Settlement?
    Courts rarely deny motions for preliminary approval of a settlement. Yet Judge Koh of the Northern District of California recently did so in Standiford v. Palm, Inc. , No. 09-CV-05719-LHK, a case ...
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