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
Article III Standing
No Worse for Butter: Ninth Circuit Says Popcorn’s “Secret” Ingredient Does Not Confer Article III StandingThe En Banc 11th Circuit Clarifies “Risk of Identity Theft” Standing“I told you never to call me here”: Eleventh Circuit Decertifies TCPA Class Containing Absent Class Members Without Article III Standing
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
Class Action 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
Class Action Jurisprudence
Yes, But Were You Hurt? Another Data Breach Case Dismissed for Lack of DamagesSay What? Ninth Circuit Says Affirmative Defenses Can’t Stop Class Certification Unless Defendant Proves the Merits of the Defense as to Every Single Class MemberThe Impact of Disparate State Laws on Class Certification for Settlement Purposes: Ninth Circuit to Review Hyundai and Kia Fuel Economy Decision en Banc
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
Statutory Damages Class Actions
“I told you never to call me here”: Eleventh Circuit Decertifies TCPA Class Containing Absent Class Members Without Article III StandingAsk and You Shall Be Deemed to Have Consented to Receive: The Eleventh Circuit Affirms TCPA Fax Summary JudgmentThe Eleventh Circuit Finds Class Rep Has Standing to Settle a FACTA Class Action
TCPA
Competing Duties and Courts: 11th Circuit Clarifies Procedures and Counsel Duties in Competing Class Actions“I told you never to call me here”: Eleventh Circuit Decertifies TCPA Class Containing Absent Class Members Without Article III StandingOne Spam Text Does Not Confer Standing in the Eleventh Circuit