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Class Dismissed Blog

Articles: 1-10 of 12

One Estopp Shop: The Ninth Circuit Weighs in on the Use of Equitable Estoppel to Compel Arbitration in Two Recent Decisions

USA - May 28 2021 When can you compel arbitration of a putative class action? The law is developing quickly[1] and still doesn’t provide a crystal clear answer. The…

Relief for the Unharmed: Supreme Court Considers Whether Article III & Rule 23 Permit Certification Where Most Class Members are Uninjured (Ramirez v. TransUnion)

USA - April 8 2021 The United States Supreme Court has repeatedly declined to resolve a question that has sharply divided the Circuits: whether a class may be certified…

Second Circuit Affirms Class Decertification Based on Inadequate Representation

USA - April 8 2021 Class certification is often discussed as a “stage” of litigation, but the Second Circuit’s recent decision in Jin v. Shanghai Original, Inc. et al…

Consumer Product Safety Enforcement To Heat Up Under Biden Administration

USA - March 3 2021 More aggressive enforcement actions and increased regulatory activities under the Biden Administration are here. In President Biden’s first weeks, he…

Ex-Tyson Employees’ COVID-19 Suit to Be Litigated in Federal Court

USA - February 24 2021 Court Rules the Federal Officer Removal Statute May Provide “Critical Infrastructure” Companies Additional Pathway to Litigate COVID-19 Claims in…

FDA’s COVID-19 Product Regulation Enforcement Roadmap

USA - December 28 2020 Navigating FDA’s regulatory enforcement strategies is paramount to successfully marketing health and medical products for COVID‑19—especially since…

A Rule 23 Negotiation Class? Not So Fast!

USA - November 5 2020 In the sprawling National Prescription Opiate Litigation (MDL 2804), proponents of a “negotiation class” recently asked the Sixth Circuit for en banc…

Arbitrating Arbitrability: Three Recent Appellate Decisions on Delegation Clauses in Arbitration Agreements

USA - October 19 2020 This summer, we discussed that the Supreme Court is reviewing whether an arbitration agreement’s clear delegation of the question of arbitrability to…

Does a Consumer Arbitration Agreement Apply to a Company’s Future Affiliates? The Ninth and Fourth Circuits Disagree

USA - October 9 2020 If a company enters an arbitration agreement with a consumer, can its future affiliate companies enforce the arbitration agreement even though the…

Are You Covered? Warnings From Recent Face Mask Litigation

USA - September 28 2020 While the use of masks to combat the spread of COVID-19 has become a politicized issue in the United States, the scientific community largely agrees…