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SCOTUS Holds that Class Action Waivers in Employment Contracts Must be Enforced

On May 22, 2018 by Schnader in Finance

By Stephen A. Fogdall In a landmark decision, the U.S. Supreme Court has ruled 5-4 that arbitration clauses in employment contracts requiring individual dispute resolution procedures and prohibiting class actions and other collective litigation procedures must be enforced under the Federal Arbitration Act.  The Court rejected the position taken by […]

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The Latest Decision on Expert Testimony at the Class Certification Stage

On September 26, 2013 by Schnader in Finance

By Stephen A. Fogdall A judge in the United States District Court for the Northern District of California just entered an order in  In re Cathode Ray Tube Antitrust Litigation on an issue we follow on this blog:  the evaluation of expert testimony at the class certification stage. The Cathode Ray Tube court […]

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The Seventh Circuit Suggests that Cy Pres Still Has a Place in Class Actions When Potential Individual Awards Seem Too Small to Justify Class Treatment

On September 17, 2013 by Schnader in Finance

By Ira Neil Richards and Gary M. Goldstein A ruling last week out of the Seventh Circuit, Hughes v. Kore of Indiana Enterprise, Inc., suggests that cy pres can be used as a remedy for a class to support class certification even when the size of potential damages awards to […]

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The Enhanced Scrutiny of Class Definitions Under the Ascertainability Requirement: An Additional Hurdle for Plaintiffs or an Increased Burden for Defendants?

On August 9, 2013 by Schnader in Finance

Schnader Alert by Theresa Loscalzo and Ira Neil Richards: This Schnader Alert discusses recent appellate authority on class certification, describing how courts are taking a closer look at whether class members can be identified from the class definition the plaintiff proposes and from the records available to the parties. Please click here to read the […]

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