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. No. 10-4401-cv (2d Cir. 2012), addresses the interplay between the rigorous requirements of class action … Continue Reading

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.   As we have posted on, the Supreme Court has addressed the question whether such state … Continue Reading

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 state a claim for cognizable relief.  This blog has reported on class or collective action … Continue Reading

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 and thus barred by the parties’ contract.  Issues relating to class or collective actions are … Continue Reading

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 of the removal of a case from state to federal court under the Class Action … Continue Reading

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. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., No. 11-3639 (7th Cir. 2012), presents a … Continue Reading

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, typically in the cases discussed here, their international.  See for example our posting of 11/12/10, which … Continue Reading

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 decision relating to international practice and dispute resolution addresses the Court’s jurisdiction and retention of jurisdiction over … Continue Reading

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 part of the case involves novel claims by the plaintiffs that part of the antitrust conspiracy … Continue Reading

District Court in Vivendi Class Action Denies Plaintiffs’ Bid for Interlocuotry Appellate Review

In re Vivendi Universal, S.A., Securities Litigation, 02 Civ. 5571 (RJH) (S.D.N.Y. 2012),  involves claims by non-U.S. persons — specifically persons in France, England, and the Netherlands (in addition to the U.S.) who purchased ordinary shares of American Depositary Shares of Vivendi stock.  A jury found the defendants liable for securities law violations.  Then the … Continue Reading

Ninth Circuit Address Choice of Law in the Context of Class Certification

Mazza, et al. v. American Honda Motor Co., No. 09-55376 ((9th Cir. 2012), presents a related analysis to that of the Seventh Ciruit in our recent posting on class or collective actions.  Here, however, the Court of Appeals vacated and reversed the grant of class certification.  As defined in the district court, the class consisted … Continue Reading

Seventh Circuit Upholds Class Certification in Price Setting Antitrust Case Despite Nonuniformity of Prices

Our analysis of class actions, typically called collective actions in the international litigation context, continues with a brief review of Messner v. Northshore Univ. HealthSystem, No. 10-2514 (7th Cir. 2012).   In Messner, the Seventh Circuit reviewed pursuant to the rare (in federal court) interlocutory review procedure of Fed. R. Civ. P. 23(f). The antitrust allegations … Continue Reading

Class Certification Granted in International Cartel Antitrust Litigation in Which China Itself Has Intervened To Support the Claimed Price-Fixing

We have previously posted on this interesting example of international litigation (here).  The case is captioned In re Vitamin C Antitrust Litigation, 05-CV-0453 (E.D.N.Y), and is pending in the United States District Court for the Eastern District of New York.  In the most recent decision, the court granted motions for class certification (Vit C class action … Continue Reading

Third Circuit Affirms Class Certification, Cautioning Against the Need for Mini Trials

Our immediately prior posting addressed the issue of how a single case in a multiparty, multidistrict litigation raising industry-wide antitrust claims was plucked out and sent to arbitration.   How a plaintiff manages around that result is a question not just of international litigation practice but for the corporate or transactional lawyer/draftsman to avoid as well.  … Continue Reading

Another Court Compelling Arbitration Based On AT&T Mobility; Extending the Supreme Court’s Analysis Yet Further?

Kaltwasser v. AT&T Mobility LLC, Case No. C 07-00411 (N.D. Cal. Sept. 2011), involves claims similar to those that the Supreme Court addressed in its significant decision of earlier this year, AT&T MobilityLLC (ATTM) v. Conception, 131 S.Ct. 1740 (2011), which we discussed in the context of our frequent discussion, crucial in the international litigation context, … Continue Reading

Ninth Circuit Vacates Class Certification Based in Part on Wal-Mart

Shirley “Rae” Ellis, et al v. Costco Wholesale Corp., No. 07-15838 (9th Cir. Sept. 2011), presents one of the first Court of Appeals’ efforts to apply the Supreme Court’s class action decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011).  The international litigation practice rulings in the decision arise from the increased … Continue Reading

Court Dismisses Both “Foreign Cubed” as Well as “Foreign Squared” Securities Claims Based on Morrison

In the absence of appellate guidance, District Courts continue to apply or expand the ruling of Morrison v. National Australia Bank Ltd., No. 08-1191 (June 24, 2010), the first “foreign-cubed” securities action to appear before the Supreme Court—in which (i) non-U.S. plaintiffs, (ii) sued a non-U.S. issuer, (iii) based on securities transactions outside of the United … Continue Reading

International Arbitral Tribunal (ICSID) Approves “Mass” — Class Action-Like — Claims Approach by Creditors Against Argentina

We have posted on the role of class or other collective actions in international litigation, both in the U.S. and elsewhere.   The issue is also pertinent to the question we have also discussed in various contexts:  whether class or collective actions are available in the arbitration context.  Comes now an arbitral panel in the International Centre for … Continue Reading

Florida District Court Adheres To Holding that No-Class-Action Provisions in Five Agreements’ Arbitration Provisions Are Unenforceable as Unconscionable Despite U.S. Supreme Court and Eleventh Circuit Precedent

In re Checking Account Overdraft Litigation, MDL No. 2036 (S. D. Fla. Sept. 2011), decides renewed motions to compel arbitration of nationwide class-action litigation consolidated for multidistrict litigation purposes in South Florida.  The Court denies again the motions to compel arbitration.  The international litigation issues in the case are similar to those in Cruz, et al. v. … Continue Reading

Eleventh Circuit Follows Supreme Court Decision in ATT Mobility To Preempt Florida Law Purporting To Limit Party’s Right To Preclude Assertion of Class Claims in Consumer Arbitration

Cruz, et al. v. Cingular Wireless, LLC, No. 08-16080 (11th Cir. Aug. 2011), is among the first Court of Appeals decisions since the U.S. Supreme Court’s decision in AT&T MobilityLLC (ATTM) v. Conception, 131 S.Ct. 1740 (2011), to address the issue whether a state law imposing limits on a contracting party’s ability to prevent class … Continue Reading

Court Adheres To Earlier Ruling that Arbitration Clause Is Unenforceable Because It Interfered With Federal Right, Despite Supreme Court Ruling in Conception

H. Cristina Chen-Oster, et al. v. Goldman, Sachs & Co., et al., 10 Civ. 6950 (S.D.N.Y. July 2011) (Francis, M.J.), denies reconsideration of an earlier decision by that Court denying a motion to compel arbitration.  The earlier decision followed the Supreme Court’s decision in Stolt-Neilsen S.A. v. AminalFeeds International Corp., 130 S.Ct. 1758 (2010), finding … Continue Reading

Class Action Raising Predominantly Non-U.S. Law Claims Dismissed on the Basis of Comity

Toyota Motor Corp. Securities Litigation, cv 10-922 DSF (AJWx) (C.D. Cal. July 2011), addressed claims asserted both under the Private Securities Litigation Reform Act and under Japanese law arising out of Toyota’s recall of Toyota and Lexus brand cars, which cost roughly $4 billion and caused stock value loss of 11%.   The Distirct Court addressed … Continue Reading

U.S. Supreme Court’s AT&T Mobility Decision Holds that FAA Preempts State Law Prohibition on Arbitration Clause Preclusion of Class-wide Arbitrations

We recently reported on the Second Circuit’s decision in  In re: American Express Merchants’ Litigation, Dkt. No. 06-1871-cv (2d Cir. Mar. 2011), in which the Court of Appeals revisited the issue of whether contractual prohibition of arbitrating federal antitrust claims as class actions was valid under the Federal Arbitration Act (FAA).  The Court of Appeals held that the waiver was invalid. Enter … Continue Reading