Here is part two of my insights from DRI’s 2014 class action seminar held last week.
On July 30, the Third Circuit held that whether an arbitration agreement permits classwide arbitration is a question for courts, not arbitrators, to decide.
Last week I attended the Defense Research Institute’s third class action seminar, an event that I had the privilege of helping put together. As I’ve done in past years, I will summarize my “takeaways” from the seminar here.
A recent California Court of Appeal upheld the trial court’s order granting defendant’s pre-certification motion for summary judgment against off-the-clock class claims made by the named plaintiff in a putative class action.
On July 28, 2014, in the latest securities suit to be filed in the wake of high-profile concerns about ‘high frequency trading,” a plaintiff shareholder filed a securities class action lawsuit in the Southern District of New York against Barclays and certain of its officers relating to the company’s operation of and alleged statements about its “dark pool” private securities trading venue.
In Keatley Surveying Inc. v. Teranet Inc. (which we previously wrote about), Justice Sachs addressed the contentious issue of whether, in addition to proposing a proper class definition, a plaintiff must establish the existence of an identifiable class of two or more potential class members who are interested in pursuing their claims by way of a class action.
California High Court Holds That Federal Arbitration Act Preempts Arbitration Agreements with Class Action Waivers
The California Supreme Court, in Iskanian v. CLS Transportation Los Angeles, LLC, recently overturned precedent holding that class action waivers in arbitration agreements are unenforceable in California.
While the number of class or collective action lawsuits has exploded, decisions from Circuit Courts of Appeal, particularly on procedural issues, are still infrequent enough to warrant comment. In Pippins v. KPMG, Case No. 13-889-cv (July 22, 2014), the Second Circuit issued a decision that is notable not only for its decision on the merits, but also because it approved of common sense limits on discovery imposed by the district court.
The Ontario Superior Court has for the first time awarded aggregate damages on a class-wide basis in Ontario. In Ramdath v. George Brown College, the court cites a balance between accuracy and access to justice in awarding damages to students enrolled in a graduate program based on false misrepresentations.
It is a truism that complex litigation often becomes a battle of the experts, and this applies with full force to class action employment discrimination cases.