Tag Archives: Class Actions

SCOTUS: Unaccepted Settlement Offers Don’t Moot Class Actions

Today, the Supreme Court of the United States ruled that unaccepted offers of settlement under Federal Rule of Civil Procedure 68 do not moot a named plaintiff’s claims in a putative class action. In Campbell-Ewald Co. v. Gomez, Justice Ginsburg, writing … Continue reading

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SCOTUS: If Arbitration is Too Expensive, Just Buy Some More Money

We haven’t said much about arbitration lately because we’ve been waiting to see what the Supreme Court would do about class arbitration waivers in the American Express case. (See our earlier post on this case here.) Now we know… Today, … Continue reading

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SCOTUS Unanimously Rules that Class Action Plaintiffs Can’t Stipulate Their Way Out of Federal Court Jurisdiction

Plaintiffs’ lawyers will need to get more creative if they want to keep class actions in state court. Today, the Supreme Court of the United States ruled unanimously that class action plaintiffs can’t avoid the Class Action Fairness Act’s amount-in-controversy … Continue reading

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Second Circuit Thrice Holds that Class Action Waivers Are Unenforceable

Third time’s the charm, right?  The Second Circuit has struck down, for the third time, a class action waiver in an arbitration agreement between American Express and  merchants.  In re American Express Merchants’ Litigation.  This long-running case–which has already gone … Continue reading

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Courts Rebuff Policyholders Who Seek Defense of Antitrust Class Actions

Recently-filed lawsuits in California and Georgia follow a trend of CGL policyholders demanding defenses to antitrust conspiracy claims under the theory that the antitrust class actions seek damages for “personal and advertising injury.” The same playbook, however, has not succeeded … Continue reading

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Authors v. Google Enters the Next Stage

The Authors Guild, Inc. et al. v. Google, Inc., 1:05-cv-08136-DC (S.D.N.Y.), began almost 7 years ago when Google’s “Library Project” results were first available online. The lawsuit has just entered a new stage which you would expect at the beginning–a motion for … Continue reading

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The Second Circuit Sidesteps Stolt-Nielsen

Unlike Mark Twain, there’s an open question as to whether the Supreme Court’s decision in Stolt-Nielsen v. AnimalFeeds Int’l Corp. is dead or alive.  As you may recall, Stolt-Nielsen all but created a bright-line rule that class actions aren’t available … Continue reading

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