As readers of this blog know, prior to the Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, the California Supreme Court (and a number of other state courts) had declared that waivers of class-wide arbitration were unenforceable as a matter of state law.
The explosion in the development of smartphone applications has allowed for all sorts of new businesses to pop up—personal shoppers (Instacart), restaurant delivery (GrubHub) and private chauffeurs (Uber and Lyft).
A number of countries have procedural mechanisms allowing groups of aggrieved parties to pursue their legal claims in the form of a collective action.
The holding in a recent opinion of the Supreme Court of the United States in a securities class action case raises broader questions regarding whether defendants should more aggressively challenge the merits of plaintiff’s case at the certification stage in other types of cases.
Regardless of whether a class is opt-in or opt-out, providing class notice is a challenge. As technology evolves, so does the ability to reach class members who would otherwise be unreachable.