July 24, 2013 | Inside Counsel
Supreme Court clears most remaining obstacles to enforcing individual arbitration agreementsThe Supreme Courts recent decision in American Express Co. v. Italian Colors Restaurant eliminated the last significant obstacle to the adoption by businesses of fair arbitration programs .
By Andrew Pincus, Archis Parasharami
15 minute read
March 29, 2013 | Inside Counsel
Supreme Court seems likely to support individual arbitration in <em>AmEx</em> antitrust class actionThe issue in American Express is whether plaintiffs may avoid arbitration agreements that require individualized rather than class arbitration, by arguing that they cannot effectively vindicate their federal claimshere, under the antitrust lawswithout the use of class proceedings.
By Archis Parasharami
4 minute read
February 28, 2013 | Inside Counsel
Supreme Court: <em>Oxford Health Plans v. Sutter</em> asks whether parties agree to class arbitration by failing to mention itClass action and arbitration issues are at the center of the Supreme Courts docket this term.
By Archis Parasharami
7 minute read
February 01, 2013 | Inside Counsel
January Supreme Court Roundup: Environmental law and the Class Action Fairness Act take center stageIn this months Supreme Court roundup, we take a look at the arguments in Koontz v. St. Johns River Water Management District and Standard Fire Insurance Co. v. Knowles, both of which the court heard in January.
By Timothy Bishop, Archis Parasharami
13 minute read
January 31, 2013 | Inside Counsel
Litigation: Spotting potential constitutional challenges to class actionsAlthough some lower courts disagree as to the scope and availability of these protections, a number of constitutional provisions may provide four key safeguards for defendants in class actions.
By Archis Parasharami, Kevin Ranlett, Phillip Dupré
4 minute read
January 17, 2013 | Inside Counsel
Litigation: Challenging class actions that involve potentially massive aggregate statutory damagesFor certain causes of action, Congress and state legislatures authorize the recovery of a specified amount of damages set by statute, rather than requiring the plaintiff to prove actual damages.
By Archis Parasharami, Kevin Ranlett, Phillip Dupré
12 minute read
January 03, 2013 | Inside Counsel
Litigation: Challenging class certification for lack of Article III standingMany plaintiffs lawyers seek to define classes as broadly as possible in order to raise the stakesand potential settlement valueof a case.
By Archis Parasharami, Kevin Ranlett, Phillip Dupré
9 minute read
December 20, 2012 | Inside Counsel
Litigation: Challenging class certifications that alter the parties’ substantive rights as violations of due processDefendants are (properly) accustomed to opposing class certification by attempting to show that there are many individualized issues.
By Archis Parasharami, Kevin Ranlett, Phillip Dupré
5 minute read
December 06, 2012 | Inside Counsel
Litigation: Invoke due process and federalism principles to attack class certificationThe plaintiffs bar often tries to raise the stakes in class actions by seeking to bring nationwide or multi-state class actions.
By Archis Parasharami, Kevin Ranlett, Phillip Dupré
5 minute read
November 30, 2012 | Inside Counsel
November Supreme Court Roundup: Materiality and expert testimony in class action litigationA perennial problem with securities fraud cases is that few, if any, of a plaintiffs allegations are truly tested before class certification opens the door to massive discovery, and so raises the stakes of the case that settlement is the only realistic option for a defendant.
By Archis Parasharami, Joshua Yount
13 minute read
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