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The Fifth Circuit issued two separate opinions deciding procedural issues related to Rule 23(f) appeals of class certification that provide additional protections for defendants.

Continue Reading Divided Fifth Circuit Panels Expand Procedural Protections Available to Defendants in Rule 23(f) Appeals

The Ninth Circuit has continued to chip away at California’s McGill rule, which bars the enforcement of arbitration provisions that waive a plaintiff’s right to seek public injunctive relief in any forum. In Cottrell v. AT&T Inc., 2021 WL 4963246 (9th Cir. Oct. 26, 2021), the court extended its earlier decision in Hodges v.

Although plaintiffs often assume that breach-of-contract claims arising out of form agreements are readily susceptible to class certification, two recent appellate decisions cast doubt on that thinking. The First Circuit affirmed denial of class certification of claims arising from an annuity certificate, agreeing with the district court that common issues did not predominate over individual

The Supreme Court has agreed to hear a case that may make it easier for companies to be found to have waived arbitration requirements in their contracts. Morgan v. Sundance, Inc. gives the Court an opportunity to resolve a circuit split over whether a party can be deemed to have waived its right to compel

In a closely watched case by companies that operate in the UK—and one that had the potential to dramatically expand the UK’s representative action regime—the UK Supreme Court instead dismissed a representative privacy action against Google brought on behalf of 4 million iPhone users. The Court held that the claimant could not show that he

To circumvent predominance issues, plaintiffs sometimes will ask a court to certify an issue class under Rule 23(c)(4). The Third Circuit recently made it more difficult for plaintiffs to do so by making clear that the issue underlying such a request for class certification must independently satisfy one of the requirements of Rule 23(b). See

Under American Pipe and Construction Company v. Utah, the filing of a class complaint tolls the limitations period governing the individual claims of putative class members. 414 U.S. 538 (1974). How such tolling applies on a case-by-case basis can present difficult questions.

One such question is whether American Pipe tolling applies to individual claims

The Second Circuit recently reaffirmed the potential benefits of front-loading merits arguments as a strategy to defeat class actions. Kaye v. Merck & Co., 852 F. App’x 569 (2d Cir. 2021), affirmed a district court’s order granting summary judgment for the defendant in an action under the Telephone Consumer Protection Act where the fax