A Sixth Circuit panel found the text of an updated arbitration agreement indicated it did not apply to a wage and hour class action already pending when the agreement was signed.
Sweet(ener) Confusion: Court Divide Over Role of Primary Jurisdiction Doctrine in “Evaporated Cane Juice” Cases Grows
In Swearingen v. Santa Cruz Natural, Inc., No. C 13-04291 (N.D. Cal. April 2, 2014), Judge Illston of the U.S. District Court for the Northern District of California granted defendant’s motion to dismiss based on the primary jurisdiction doctrine.
The hostility of some California courts to arbitration—and their resistance to preemption under the Federal Arbitration Act (FAA)—has produced nearly three decades of U.S. Supreme Court reversals.
Rise of the Zombie Lawsuit: Fifth Circuit Revives Former Dukes Class Member’s Individual Claims Against Her Former Employer
As we previously reported, following the re-booting of discrimination claims by a member of the former class in Dukes et al. v. Wal-Mart Stores, Inc., a Texas federal district court judge dismissed the individual and class claims of that plaintiff.
Rebecca Mullis attended an online program for Medical Diagnostic Sonography through Mountain State University.
Sixth Circuit Rejects EEOC’s Expert Evidence in Proposed Pattern or Practice Class Action Litigation
The EEOC learns what it’s like to be the statue and not the pigeon.
Federal Court Upholds FTC’s Authority to Bring Enforcement Actions Over Data-Security Standards; Will Class Actions Follow?
Already, 2014 has been an eventful year in the world of data breaches and cybersecurity. In addition to a flurry of litigation over high-profile breaches at the start of the year, the National Institute for Standards and Technology released its long-anticipated Cybersecurity Framework.
Earlier this week, the U.S. Supreme Court granted certiorari in Dart Cherokee Basin Operating Co., LLC v. Owens, No. 13-719 (docket). The question presented is:
Whether a defendant seeking removal to federal court is required to include evidence supporting federal jurisdiction in the notice of removal, or is alleging the required “short and plain statement of the grounds for removal” enough?
In a judgment rendered on March 7, 2014, the Quebec Court of Appeal reversed a decision of the Quebec Superior Court and authorized a class action against Air Canada for allegedly charging a higher price than advertised for tickets, in violation of Article 224 (c) of the Consumer Protection Act, CQLR c P-40.1.
Consumer products companies are frequently the targets of nationwide class actions, and a common defense strategy includes removing these cases to federal court under the Class Action Fairness Act of 2005. ”