In this action, a Texas district court found that CAFA cannot interfere with contractually valid forum selection clauses, and therefore, cannot preempt the transfer of the action to the venue agreed upon in the contracts.
The business model employed by ride-hailing company Uber Technologies, Inc., has certainly been disruptive in the transportation business.
Many employers who are familiar with class actions know that merits-based discovery is generally impermissible before a class has been certified.
In Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), over an extraordinary joint dissent by Justices Ginsburg and Breyer, a 5-4 majority made a deceptively modest ruling.
Following the Sixth Circuit’s Lead, Ohio Appellate Courts Find Whether an Agreement Allows Class Arbitration is a “Gateway Issue”
As we stated previously, the potential impact of whether entitlement to class arbitration is a “gateway issue” will likely diminish with each passing year.
Defendants can add a new decision to their arsenal for defending against multiple proposed class actions on the same claims.
The flurry of food mislabeling class actions filed in California federal courts has recently come to a halt under the U.S. Supreme Court’s holding in Comcast v. Beherend.
Settling Rule 23 opt-out class actions is straightforward: the agreed-upon settlement is presented to the court for preliminary approval of a Rule 23(e) settlement class and — if the settlement is not approved — the parties return to their pre-settlement status: i.e., there is no class.
Exposure to potentially harmful substances at some level is a fact of modern life. These substances are everywhere — in the air we breathe, in the food we eat, and in the water we drink — and many of these substances are naturally occurring.
Sixth Circuit Makes It Harder for Employers to Defeat “Bald Assertions” of Wage Violations in Collective Actions
The Sixth Circuit recently issued a decision in Moran v. Al Basit LLC., No. 14-2335 (6th Cir. June 1, 2015), which will make it more difficult for employers to defeat even vague allegations of wage and hour violations in collective actions brought under the Fair Labor Standards Act (“FLSA”).