Monthly Archives: April 2011

Supreme Court Upholds Class Arbitration Waivers in Consumer Contracts

In a broad ruling that is likely to have a significant adverse impact on consumer class actions, the Supreme Court today upheld the use of class arbitration waivers in consumer contracts, striking down a California common law rule declaring such

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Third Circuit: Federal Courts Have Diversity Jurisdiction to Hear “Junk Fax” Suits

A divided Third Circuit panel recently held that federal courts may exercise diversity jurisdiction in class actions brought under the Telephone Consumer Protection Act, even though the statute deprives federal courts of federal question jurisdiction. In Landsman & Funk PC

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Class Representative “Credibility Problem” Sinks Class Certification

A recent Seventh Circuit opinion vacated class certification in a “junk fax” lawsuit on adequacy grounds, based in part on concerns about the class representative’s credibility. At the same time, however, Judge Richard Posner, writing for the panel, warned against

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Appealing Class Certification Orders: Be Careful What You Wish For

A yogurt manufacturer that appealed a Florida federal court’s order granting class certification may soon find itself wishing it had left well enough alone. The Eleventh Circuit reversed class certification but, in doing so, all but invited the district court

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Navigating the Path Between Numerosity and Overbreadth

A recent federal court decision from Missouri underscores the importance of a proper class definition to a court’s Rule 23 findings. In Mayo v. UBS Real Estate Securities, Inc., 2011 U.S. Dist. LEXIS 31390, the plaintiff was given a second chance to

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Resolving a Battle of the Experts at Class Certification

When faced with a motion for class certification pursuant to Rule 23, a district court must conduct the proverbial “rigorous” analysis before certifying a class. Sometimes this analysis includes tackling the tough questions presented by dueling experts that might otherwise

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