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Silence Isn’t Always GoldenSometimes 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...

Dylan C. Black, Nicholas A. Danella, 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.

The Eleventh Circuit Finds Class Rep Has Standing to Settle a FACTA Class Action

USA - April 29 2019 Bucking a recent trend and departing from both the Second Circuit’s Katz decision and the Third Circuit’s Kamal decision, the Eleventh Circuit found...

J. Thomas Richie, John E. Goodman.

Lamps Plus v. Varela: It’s Lights Out for Class Arbitration under Ambiguous Arb Agreements

USA - April 26 2019 We have written before about the utility of class waivers in arbitration agreements as a defense to classwide arbitration. As we previously discussed...

Dylan C. Black, J. Thomas Richie, John E. Goodman.