Michael R. Pennington
Bradley Arant Boult Cummings LLP
Articles
Circuit Split on Incentive Payments to Class Representatives Deepens
USA - October 7 2022 Two years ago, in Johnson v. NPAS Solutions, LLC, the Eleventh Circuit upended decades’ worth of precedent by categorically forbidding incentive…
Dylan C. Black, Zachary A. Madonia, J. Thomas Richie, Scott Burnett Smith
The En Banc 11th Circuit Clarifies “Risk of Identity Theft” Standing
USA - November 5 2020 In a decision that narrows the path to federal court for plaintiffs seeking statutory damages with no actual harm, the full 11th Circuit has held…
Congress Should Authorize Removal of Counterclaims and Third-Party Claims Pleaded as Class Actions
USA - April 11 2020 For over 240 years, Congress has allowed citizens of different states to litigate in federal court and, for equally as long, has permitted defendants…
Silence Isn’t Always Golden—Sometimes It Lands You in Class Arbitration
USA - August 8 2019 As this blog has previously discussed, the availability of class arbitration has been significantly restricted after a series of U.S. Supreme Court…
“Any” Doesn’t Mean “All”: In Home Depot, SCOTUS Says “Any Defendant” Doesn’t Include Third-party Defendants Facing Class Claims
USA - June 3 2019 To the surprise of many observers (including us), the Supreme Court held last week in Home Depot USA Inc. v. George Jackson that a third-party…
