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Eleventh Circuit changes its interpretation of Class Action Fairness Act
- Shook Hardy & Bacon LLP
- -
- USA
- -
- October 28 2010
The Eleventh Circuit Court of Appeals has determined on rehearing that it erred by interpreting the Class Action Fairness Act of 2005 (CAFA) as requiring at least one plaintiff in a class action to meet the amount-in-controversy requirement for diversity jurisdiction
State judge helps federal court mediate vitamin supplement injury claims
- Shook Hardy & Bacon LLP
- -
- USA
- -
- September 2 2010
In an unusual cross-jurisdictional cooperative undertaking, a Georgia state court judge has reportedly participated in mediation settlements that resolved the claims of more than 200 plaintiffs who filed suit in federal district court, alleging injury from liquid vitamin supplements
Federal court denies computer maker’s motion to compel arbitration of design defect claim
- Shook Hardy & Bacon LLP
- -
- USA
- -
- September 2 2010
A federal court in New Jersey has determined that the arbitrator specified in the "Terms and Conditions of Sale" applicable to the purchase of a laptop computer was integral to the agreement and its unavailability precluded arbitration of a dispute between the parties to the agreement
U.S. Supreme Court considers preemption in auto-defect case, class-action exemptions in cell phone contracts
- Shook Hardy & Bacon LLP
- -
- USA
- -
- November 11 2010
The U.S. Supreme Court has heard oral argument this term in two cases with a potential impact on product liability law: Williamson v. Mazda Motor of Am., Inc., No. 08-1314 (U.S., argued November 3, 2010), and AT&T Mobility LLC. v. Concepcion, No. 09-893 (U.S., argued November 9, 2010
Illinois high court rules computer maker cannot compel arbitration
- Shook Hardy & Bacon LLP
- -
- USA
- -
- February 17 2011
The Supreme Court of Illinois has determined that an arbitration agreement that designated an arbitral forum which no longer accepts consumer arbitrations is not valid
Third Circuit says defective computer dispute must go to arbitration despite unavailable forum
- Shook Hardy & Bacon LLP
- -
- USA
- -
- January 26 2012
With one judge dissenting, a Third Circuit Court of Appeals panel has determined that a sales agreement provision requiring the arbitration of product-related disputes in a specific forum was ambiguous and thus not integral to the agreement; accordingly, the court found that the unavailability of the arbitral forum could be remedied under the Federal Arbitration Act with the court appointment of an arbitrator
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- Workarea - Litigation
- Workarea - Arbitration
- Author - Greg Fowler