Monthly Archives: February 2012

NLRB Strikes Down Class Arbitration Waiver

Last year, in AT&T Mobility v. Concepcion, the Supreme Court upheld a class arbitration waiver in a consumer contract. Now, however, the National Labor Relations Board has struck down a similar waiver in the employment context, holding that requiring employees to

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Individual Damages Questions Can’t “Predominate” Over Common Questions–Except When They Can

Ordinarily, the need for an individualized calculation of damages is insufficient to “predominate” over common questions in a Rule 23(b)(3) analysis. But when the calculation is so complex as to thwart the use of common methodology, or when some class

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Controversy over the Amount in Controversy

Two recent decisions from the Ninth Circuit demonstrate how knowledgeable pleading by plaintiffs regarding the amount-in-controversy requirement of CAFA can determine whether a class action will be litigated in federal or state court. For the district court to retain original

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