Tags » Class-action

Preview of 2021? New Bill Would Revoke Arbitration Agreements, Raise Stakes for Independent Contractor vs. Employee Disputes

Regardless of your politics, I think we can all agree that the best part of Election Day being over is that there will be no more political ads for a while. 414 more words

Personal History: The Rebirth of Death. Ma's Final Chapter

Odd title, I know.  I struggled with it.  I thought, maybe re-dead would be better.  Or, maybe redeath, after all there is a rebirth.  But then, that did not roll off my tongue with the eloquence I had hoped for.  1,772 more words

Personal History / My Own Words

Frank v. Gaos

Argument:  October 31, 2018
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Frank:  A cy pres award of class action proceeds that provides no direct relief to class members DOES NOT support class certification and DOES NOT comport with the requirement that a settlement binding class members must be “fair, reasonable, and adequate.” 39 more words


Home Depot U.S.A., Inc. v. Jackson

Argument:  TBD

Home Depot U.S.A., Inc.:  The Class Action Fairness Act PERMITS removal to federal court by a third-party counterclaim defendant?
Shamrock Oil & Gas Corp. 69 more words

Class Action

Merck Sharp & Dohme Corp. v. Albrecht

Argument:  TBD

Merck Sharp & Dohme Corp.:  A state-law failure-to-warn claim IS PREEMPTED when the Food and Drug Administration (FDA) rejected the drug manufacturer’s proposal to warn about the risk after being provided with the relevant scientific data, or must such a case go to a jury for conjecture as to why the FDA rejected the proposed warning. 47 more words


Nutraceutical Corp. v. Lambert

Argument:  November 27, 2018

Nutraceutical Corp.:  Equitable exceptions DO NOT APPLY to mandatory claim-processing rules, such as Federal Rule of Civil Procedure 23(f), which sets a 14-day deadline to file a petition for permission to appeal an order granting or denying class-action certification, and CANNOT excuse a party’s failure to file timely within the deadline established by Federal Rule of Civil Procedure 23(f). 57 more words

Class Action

Oct 29 - Nov 7

Some important cases in the next block of arguments, including arbitration, death penalty, and class action settlements.

Monday, October 29

The court takes on arbitration agreements… 1,563 more words

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