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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…

J. Thomas Richie

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…

Jeff Holmstrand, Scott Burnett Smith

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…

Stephen Parsley

“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…

Nicholas A. Danella, Dylan C. Black, Zachary A. Madonia

“Two Wrongs Don’t Make a Right, But a Few More Can Make a Unicorn”

USA - May 9 2019 Class actions typically involve a proposed class of plaintiffs seeking recovery from the same defendant on similar grounds. But that is not the only…

Scott Burnett Smith