Tag Archives: Collective or Class Actions

Second Circuit Reverses Class Action Denial of a Settlement Class — Matters Essential To Proving Trial Manageability Need Not Be Proven in the Context of a Settlement Class

Readers of this blog know that we address significant decisions in class or collective action law and procedure because it is an aspect of international practice that is growing in importance.  In Re American International Group, Inc. Securities Litigation, Dkt. … Continue reading

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Class Certification Granted For Claims Against Office Depot

Because of the importance to international practice generally of class or collective actions, on which we have posted with some frequency from time to time, we report on the decision in Provine, et al. v. Office Depot, Inc.,  No. C … Continue reading

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Court Refuses Challenge to FINRA Rule Barring Waivers of Class Actions, Ruling that Plaintiffs Must Exhaust Administrative Remedies

Charles Schwab & Co. v. Financial Industry Regulatory Authority, Inc., No. C-12-518 EDL (N.D. Cal. 2012), provides a new analysis in the growing body of law addressing the circumstances under which waivers of class action in arbitration provisions are valid.   … Continue reading

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Ninth Circuit Affirms Dismissal of Class Action; Federal Preemption and “Implausible” Claims

MIRKO CARREA, on behalf of himself and those similarly situated v. DREYER’S GRAND ICE CREAM, INC., No. 11-15263 (9th Cir. 2012), is a recent decision from the Ninth Circuit affirming a dismissal of a putative class action for failure to … Continue reading

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Court Enjoins Arbitration of Even Individual Claim Based on No-Class-Action Provision of Parties’ Contract

AT&T Mobility LLC v. Sandra Smith,  Civil Action No. 11-cv-5157 (E.D. Pa. 2011), considers the question whether a claim in arbitration by an individual was arbitrable as an individual claim or rather whether it was in effect a collective action … Continue reading

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Second Circuit Remands CAFA-Removed Class Action to State Court

In another recent Court of Appeals decision addressing important issues in class or collective actions, Blackrock Financial Management Inc. et al. v. The Segregated Account of Ambac Assurance Corp., Dkt Nos. 11-5309-cv(L) (2d Cir. 2012), the Court addressed the issue … Continue reading

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Seventh Circuit Approves Both “Untimely” Interlocutory Appeal and Issue-Specific Class Certification

Class or collective actions form an increasingly important of international practice.  In the pursuit and evolution of that practice, as we have posted before, tribunals elsewhere follow the development of  U.S. class action law and practice. George McReynolds, et al. … Continue reading

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Reversing the Ninth Circuit, Supreme Court upholds right to arbitrate

We have discussed various decisions by the Supreme Court, the federal Courts of Appeals, and an array of District Courts seeking to uphold private parties’ freedom to contract with each other concerning the forum and law to govern their disputes, … Continue reading

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District Court in BP Securities Class Action Dismisses Non-U.S. Securities Claims on the Basis of Morrison and Effective Preemption

In re BP p.l.c. Securities Litigation, MDL No. 10-md-2185 (S.D. Tex. Feb. 2012), is a 129-page decision comprehensively addressing the allegations underlying and the securities claims arising from the BP oil spill of April 20, 2010.  The portion of the … Continue reading

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Antitrust Claims That Credit Card Companies Conspired To Insert Arbitration Clauses in their Customer Agreements Survives Summary Judgment

In re Currency Conversion Fee Antitrust Litigation, MDL No. 1409 (WHP) (S.D.N.Y. 2012), provides a good example on summary judgment of the intersection between arbitration clauses and the antitrust laws and illustrates several issues that arise in international litigation. A … Continue reading

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