Arbitration or Court: Defendants’ Choice?
Spotify, an Internet music provider, recently sent a notice to its customers advising them that it had added an arbitration provision to its terms of service agreement. With that, Spotify …
Whirlpool Seeks Supreme Court Review of Class Certification
We are keeping a close eye on Whirlpool's recent petition to the US Supreme Court. Whirlpool seeks review of the Sixth Circuit's deci…
What Class Actions Are and What They Are Not
Over the years, large corporations and the defense bar, through their lobbies, have launched a broadside attack against class actions, accusing them of being shakedown schemes perpetrated by class action attorney…
Consumers Find New Tools to Recover Small Claims
Since the Supreme Court’s opinion last May in AT&T v. Concepcion upholding corporations’ use of arbitration agreements to avoid class actions, there have been an alarming number of federal o…
Use Caution: Cy Pres Settlements
While we generally believe that in appropriate circumstances a settlement which provides only cy pres relief can be approved as fair, reasonable and adequate, there is no doubt that this mechanism is subject to a…
Managing the "Unmanifested Defect" Class Action
Product liability class actions involving "uninjured" plaintiffs are hardly a judicial novelty. District courts are well-able to manage and dismiss cases where the "uninjured" named plaintiff truly cannot s…
Eighth Circuit Favors Consumers in Zurn Opinion
In an huge win for consumers, the United States Court of Appeals for the Eighth recently affirmed the district court's order granting class certification in In re Zurn Pex Plumbing Liability Litigation, No. 10-22…
One Stroke To Commonality
In Wal-Mart Stores, Inc. v Dukes et al, 564 U.S. ___ (2011) (Scalia, J.), the Supreme Court offered this definition of commonality - a common contention "must be of such a nature that is capable of classwide reso…
No Consideration, No Settlement?
Numerous courts have wrestled with the propriety of "unmanifested defect" class actions, generally finding that no cause of action exists for a plaintiff who has not yet been injured. But what about settlements f…
Certification by Subclass
A long running debate under Rule 23 surrounds the use of Rule 23(c)(4). The Fifth Circuit, starting with Castano, years ago found that issues could not be certified unless the causes of actions to which the…