United States: Supreme Court Ruling Reverses Bad 9th Circuit Precedent On CAFA - Sheppard Mullin Richter & Hampton
On March 19, 2013, the U.S. Supreme Court handed down Standard Fire Insurance v. Knowles, a short, narrow, and unanimous opinion addressing removal of class actions to federal court under the Class Action Fairness Act ("CAFA").
act
action
cafa
circuit
court
fairness
hampton
insurance
knowles
mullin richter
opinion
reverses
sheppard
standard
states
supreme
united
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United States: The Material Impact Of The Amgen Decision On D&O Insurance - Cozen O'Connor
In "Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds" the U.S. Supreme Court affirmed the U.S. Court of Appeals for the 9th Circuit’s ruling that a securities class action plaintiff need not prove materiality of alleged misrepresentations or misleading omissions as a prerequisite to class certification.
action
amgen
appeals
certification
circuit
connecticut
connor
court
cozen
decision
insurance
materiality
misrepresentation
omission
retirement
securities
states
supreme
united
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United States: Eighth Circuit Upholds Collective Action Waiver In Arbitration Agreement - Pierce Atwood LLP
The U.S. Supreme Court’s 2011 decision in AT&T Mobility LLC v. Concepcion, upholding the enforceability of a class action waiver in a consumer arbitration agreement, was applauded by employers, who initially (reasonably) assumed that Concepcion paved the way for class action waivers in employment agreements.
action
agreement
arbitration
atwood
circuit
concepcion
court
decision
employment
enforceability
llc
llp
mobility
pierce
states
supreme
united
upholds
waiver
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United States: A Stern Warning: Litigation Tactics Can Waive Jurisdictional Challenges - Pepper Hamilton LLP
An important new decision out of the U.S. Court of Appeals for the Ninth Circuit not only adds to the growing body of case law interpreting and applying the Supreme Court's controversial Stern v. Marshall decision, but will have bankruptcy practitioners considering even more carefully whether, when and how to challenge a bankruptcy court's jurisdiction to enter a final order in an avoidance action.
action
appeals
avoidance
bankruptcy
circuit
court
decision
hamilton llp
jurisdiction
litigation
marshall
ninth
pepper
states
stern
supreme
united
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United States: Class Action Waivers After Concepcion: The Emergence Of A Circuit Split Over The Decision’s Impact On Federal Claims Has Prompted A Return To The Supreme Court - Schnader Harrison Segal & Lewis LLP
The authors discuss the circuit split that has developed as lower federal courts have interpreted the scope of the U.S. Supreme Court's decision in AT&T Mobility, LLC v. Concepcion and the potential impact of these decisions on companies employing class action arbitration waivers in consumer contracts.
action
arbitration
circuit
concepcion
court
decision
emergence
federal
harrison
lewis llp
llc
mobility
schnader
segal
states
supreme
united
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