Illinois Supreme Court’s Most Recent BIPA Decision Exponentially Increases...
The Illinois Supreme Court recently issued another decision interpreting the Biometric Information Privacy Act (“BIPA”) to expand potential liability for businesses. The court held in Cothron v. White...
View ArticleFifth Circuit affirms striking class allegations at the pleadings stage
Win or lose, class actions that make it past the pleadings threaten businesses with enormous defense costs, especially the costs associated with class-wide discovery. As we’ve discussed before on this...
View ArticleUS Chamber of Commerce Institute of Legal Reform releases report on mass...
The plaintiffs’ bar has been trying to kill arbitration for more than a decade. But the courts have repeatedly rejected efforts to invalidate arbitration agreements. These lawyers have therefore...
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Supreme Court hears oral argument in cases involving stays pending appeals of...
This morning we attended the Supreme Court’s oral arguments in Coinbase, Inc. v. Bielski. The issue presented in Coinbase is a procedural one, but of tremendous practical importance to defendants that...
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Supreme Court declines to hear challenge to validity of incentive awards
A common feature in class action settlements is an incentive (or service) award for each named plaintiff—an extra payment above and beyond what they would receive as ordinary class members that is in...
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The importance of scrutinizing standing to seek injunctive relief in...
State consumer-protection statutes frequently authorize claims for class-wide injunctive relief; notably, California courts have fashioned a similar remedy allowing for injunctions on behalf of the...
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D.C. Circuit rejects freestanding rule against “fail-safe” classes
The D.C. Circuit recently deepened a circuit split over whether district courts may certify a “fail-safe” class. In In re White, 64 F.4th 302 (D.C. Cir. 2023),the D.C. Circuit agreed that fail-safe...
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Supreme Court holds that district courts must stay proceedings pending...
Today the Supreme Court held that when a party files an immediate appeal of a federal district court order denying arbitration, the district court must stay its proceedings relating to the merits...
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Supreme Court rejects Due Process Clause challenge to Pennsylvania statute...
The Supreme Court’s recent decision in Mallory v. Norfolk Southern Railway Co. creates substantial uncertainty over whether companies that register to do business in certain states can be subject to...
View ArticleAmerican Arbitration Association updates its mass arbitration rules and fee...
The AAA recently announced a new set of rules of mass arbitrations, as well as new fee schedules for consumer and worker arbitrations. We and some of our colleagues wrote a Legal Update about the...
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