That case tests whether businesses can short-circuit a consumer class action by invoking the federal Arbitration Act, which encourages arbitration instead of litigation.
FORBES: Class-Action Foes Have Trifecta Before Supreme Court
That happened today when the Ninth Circuit Court of Appeals ordered a controversial class action employment case to proceed against Wal-Mart despite the bitter objections, not just of the 930, 000-employee retailer but five judges including Chief Justice Alex Kozinski.
In circumstances such as this, our Circuit has found it appropriate to vacate the agency action on remand.
FORBES: Dramatic Federal Court Ruling Vacates CFTC Positions Limit Rule
Unless the defendants appeal their losses to the Ninth Circuit, yet another Food Court-based class action suit moves forward toward expensive and distracting discovery.
FORBES: Another Grocery Basket Full of Lawsuit Claims for The Food Court
The index is set to replace the Dow average on April 8 as the index whose action will be monitored for the sharp swings that trigger "circuit breakers" halting all U.S. stock trading.
WSJ: S&P 500 Milestone Has More Meaning Than Dow Record for Many
The Third Circuit Court of Appeals today threw out a class-action settlement that would have paid the lawyers who negotiated it more than four times as much as their clients.
FORBES: Court Rejects $14 Million Fee For Lawyers, $3 Million For Their Clients
It was actually an indecision a denial of a request for rehearing en banc by objectors to a class action settlement approved by a three-judge panel of the Ninth Circuit last year in Lane v.
FORBES: Ninth Circuit Decision and Dissenters Cry Out for SCOTUS Review on Cy Pres in Settlements
Just last week we read at the Point of Law blog and elsewhere about a Third Circuit ruling which rejected an absurd cy presdistribution in an antitrust class action settlement.
FORBES: Ninth Circuit Decision and Dissenters Cry Out for SCOTUS Review on Cy Pres in Settlements
There have been exceptions, including a 2006 decision by the Sixth Circuit Court of Appeals in Detroit allowing the so-called Daffin class action to proceed over Ford minivans alleged to have sticky throttles. (Ford settled.) But in cases involving Harley-Davidson motorcycles, Daimler-Chrysler cars, and Canon digital cameras, courts have refused to hold manufacturers liable for what consumers fear might happen to their products.
Having lost at the Ninth Circuit, Wal-Mart vows to take the decision certifying a massive class action over alleged sexual discrimination to the Supreme Court.
Her drastic action mirrors that taken by Andre Agassi, who returned to the men's challenger circuit in 1998 with his game in tatters and ranked 141st in the world.
Dewey said the Ninth Circuit allowed the plaintiff lawyers to sidestep a number of onerous provisions of class action law by certifying the class under a provision providing for injunctive relief.
FORBES: Supreme Court Takes On Massive Wal-Mart Discrimination Case
Except the dissident lawyers appealed again, and the Third Circuit, in a decision that offers a thorough tutorial on class-action law, has sent the case back again for Lancaster to instructions to consider whether a subclass of plaintiffs with other claims under federal law should be formed.
FORBES: Class-Action Foodfight Goes Back To Judge For 2nd Try
Two years after the bill was signed into law, lawyers and judicial experts are taking stock of the legislation, particularly as the 9th U.S. Circuit Court of Appeals recently weighed in on the Wal-Mart sex discrimination class-action case, ruling that several current and former employees can represent all women taking action against the company.
At a hearing yesterday, a three-judge panel of the 9th US Circuit Court of Appeals appeared unlikely to grant Wal-Mart's request to dismiss the class action.
Circuit ruling would mean that the NLRB currently lacks the three-member quorum necessary for taking formal action, including deciding cases, issuing regulations, and approving requests for federal court injunctions and has lacked a proper quorum since at least August 2011 (and during other points in time, dating back to the first recess appointments to the NLRB made during the Reagan Administration).
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