Arbitration
Silence Isn’t Always Golden—Sometimes It Lands You in Class ArbitrationLamps Plus v. Varela: It’s Lights Out for Class Arbitration under Ambiguous Arb AgreementsBe Careful What You Ask For: Eleventh Circuit Holds That Arbitrator – Not Court – Decides Whether Arbitration Agreement Designating AAA Rules Allows for Class Arbitration
CAFA Removal
It’s None of Your Business: Sixth Circuit Says Arizona Lacks Article III Standing to Intervene to Challenge a Class Settlement“Any” Doesn’t Mean “All”: In Home Depot, SCOTUS Says “Any Defendant” Doesn’t Include Third-party Defendants Facing Class ClaimsSupreme Court to Review Whether Third-Party Defendants May Remove Class Action Counterclaims under CAFA
Predominance
Ask and You Shall Be Deemed to Have Consented to Receive: The Eleventh Circuit Affirms TCPA Fax Summary JudgmentSay What? Ninth Circuit Says Affirmative Defenses Can’t Stop Class Certification Unless Defendant Proves the Merits of the Defense as to Every Single Class MemberFirst Circuit Restricts Class Certification of Classes Containing Uninjured Persons