Articles: 1-9 of 9
Fourth Circuit endorses early motion to strike class allegations where pleadings preclude predominance
USA - May 26 2026 Class allegations transform the risk profile of consumer disputes. Even if a class defendant has a strong merits defense, the grant of class…
Divided en banc Sixth Circuit joins five other circuits in rejecting class certification for car insurance negotiation adjustment disputes
USA - April 29 2026 We have written before about class actions involving disputes about automobile insurers’ valuation of wrecked vehicles deemed a total loss. See, e.g…
The Ninth Circuit Confirms That Arbitration is Bilateral and Collateral Estoppel Cannot be used to Preclude Enforcement of Arbitration Agreements
USA - April 29 2026 The Ninth Circuit addressed a novel procedural question in O’Dell v. Aya Healthcare Servs., Inc., 171 F.4th 1173 (9th Cir. 2026): whether non-mutual…
Shanahan v. IXL Learning: Ninth Circuit Clarifies Principles of Agency and Ratification in Addressing Non-Signatories’ Obligations to Arbitrate
USA - April 28 2026 The Ninth Circuit’s unpublished decision in Shanahan v. IXL Learning, Inc., No. 24-6985, 2026 WL 982855 (9th Cir. Apr. 13, 2026), provides an…
Pennsylvania federal court rejects federal RICO claims as well as cross-jurisdictional tolling based on prior RICO class actions
USA - March 30 2026 Complex litigation—such as federal RICO class actions—often begets more complex litigation. An excellent example of this principle is County of…
VonDeylen v. Aptive Environmental LLC: Eighth Circuit Compels Arbitration of Litigation Arising After Contractual Relationship Expired
USA - March 23 2026 The Eighth Circuit recently addressed whether a broadly worded arbitration provision could encompass claims that arose after a contractual…
Plaintiffs Are Quietly Creating a “Private Right of Action” Under the CCPA - Even Though the Law Doesn’t Allow One
USA - February 27 2026 After years of suing companies under wiretap laws for using third-party website tracking tools, plaintiffs’ firms are now advancing a new…
Illinois federal court rejects class certification because allegedly deceived plaintiff continued buying the products after discovering the truth
USA - February 26 2026 Takeaway: There are two ways to win a class action - beat it on the merits or defeat class certification. In a consumer fraud class action, a common…
Illinois federal court rejects “boneless” consumer fraud claim
USA - February 25 2026 Opinions analyzing whether marketing statements are deceptive to reasonable consumers can be some of the more curious rulings to peruse. One such…
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