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Searching Content indexed under Litigation, Mediation & Arbitration by Michael DeMarino ordered by Published Date Descending.
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The Supreme Court Of Ohio Rules That Defendants Need Not Plead An Arbitration Defense To Defeat Class Certification
Eventually, Plaintiff filed a motion to certify the case as a class action and PartsSource opposed the motion.
United States
20 Aug 2019
2
Ninth Circuit Rules That Varying State Laws Do Not Defeat Predominance Requirement In Class Action Settlement Context
Satisfying Rule 23(b)(3)'s predominance requirement is undoubtedly a challenge when it comes to a nationwide class.
United States
12 Jun 2019
3
U.S. Supreme Court Rules That Third-Party Counterclaim Defendants Are Not Entitled To Removal Under The CAFA
Jackson moved to remand the case to state court and amended his third-party complaint to remove any reference to Citibank.
United States
31 May 2019
4
The U.S. Supreme Court Rules That The Deadline To Appeal A Class Certification Order Is Not Subject To Equitable Tolling
Seyfarth Synopsis: To take an immediate appeal from a federal district court's order granting or denying class certification,
United States
7 Mar 2019
5
The 2018 Judicial Hellholes Report On The Worst Jurisdictions For Defendants
Seyfarth Synopsis: Every year the American Tort Reform Association ("ATRA") publishes its "Judicial Hellholes Report."
United States
10 Dec 2018
6
Illinois Appellate Court Rules That Class Settlement Objectors Engaged In Fraud On The Court
Professional class settlement objectors can be a thorn-in-the-side for employers and class counsel attempting to settle class actions.
United States
26 Nov 2018
7
Federal Court Rules That An EEOC Lawsuit Is Not Barred By Bankruptcy Code's Automatic Stay
The government's anti-discrimination watchdog can be extremely aggressive in pursuing discrimination claims, including pursuing those claims after an employer files for bankruptcy.
United States
17 Oct 2018
8
Seventh Circuit Allows Objector To Recover Fees From Class Counsel's Fee Award
Seyfarth Synopsis: In an opinion laced with frustration over a third appeal in a class action involving attorneys' fees, the Seventh Circuit ruled that an objector was entitled to recover attorneys' fees ...
United States
14 Aug 2018
9
Court Rejects Individual Pattern And Practice Claim And Enforces Arbitration Agreement In Discrimination Case
Employers faced with class actions involving a mix of class members who signed and did not sign arbitration agreements should be careful to preserve their right to enforce the agreements.
United States
2 Aug 2018
10
New Class Action Litigation Risks (Video)
Seyfarth Synopsis: In September 2017, our blog posted a video highlighting an emerging class action litigation risk for employers – the Illinois Biometric Information Privacy, commonly known as "BIPA."
United States
26 Apr 2018
11
U.S. Supreme Court's Narrow Application Of Specific Jurisdiction Will Impede Forum Shopping In Class Actions
In Bristol-Myers Squibb Company v. Superior Court of California, et al., No. 16-466 (U.S. June 19, 2017), the U.S. Supreme Court articulated the narrow circumstances under which specific jurisdiction...
United States
12 Jul 2017
12
U.S. Supreme Court Rules That Plaintiffs' Voluntary Dismissal Does Not Transform A Decision Denying Class Certification Into An Appealable Final Decision
In Microsoft Corp. v. Baker, No. 15-457, the U.S. Supreme Court ruled on a procedural issue that is of importance in any class action in terms of when and in what circumstances a plaintiff may appeal orders...
United States
21 Jun 2017
13
Eighth Circuit Decides That Arbitration Agreements Cover ADEA Collective Actions
Seyfarth Synopsis: After thirty-three former employees who signed release agreements requiring individual arbitration of ADEA claims collectively sued their employer for age discrimination...
United States
28 Apr 2017
14
U.S. District Court In Florida Decertifies A Class Of Haitian Blueberry Pickers Because Class Members Sought Individualized Damages
After certifying a class of Haitian blueberry pickers who asserted Title VII discrimination claims, Judge James Moody of the U.S. District Court for the Middle District of Florida issued a sua sponte...
United States
15 Dec 2016
15
Court Rejects EEOC's EPA Lawsuit Theory
The EEOC sued an employer for Equal Pay Act violations, claiming that Maryland Insurance Administration failed to pay three female fraud investigators the same wages as comparable male fraud investigators.
United States
4 Nov 2016
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