Supreme

Class Action Waivers: Will the Supreme Court Successfully Realign the Litigation Galaxy?

Finally. The wait is almost over. The U.S. Supreme Court will decide whether an employer may enforce a mandatory arbitration agreement that contains a class action or collective action waiver. Last Friday, the Supreme Court agreed to hear 3 cases stemming from the NLRB’s 2012 decision in D.R. Horton , in which the NLRB held that class action waivers violate employees’ Section 7 rights to engage in protected, concerted activity. D.R. Horton created uncertainty whether, for example, an employer, through an arbitration agreement, may force an employee to waive his or her right to pursue a class action minimum wage or overtime claim, or a Title VII discrimination claim, in an arbitration proceeding. …


Data Breach Harm Standard May Head to SCOTUS in ‘17

Companies facing data breaches grapple with lack of clear harm standard for consumer class actions   Breach harm standing has potential to reach U.S. Supreme Court in 2017 Dec. 5 — Hacking attacks, lax data security and rampant cybercrime create risks for corporations, including consumer lawsuits stemming from large-scale data breaches. Plaintiffs have lined up at courthouse doors for years, …


FCRA Lawsuits Will Remain a Potential Threat to Employers After Supreme Court Decision in Spokeo Case

On May 16, 2016, the Supreme Court of the United States ruled in the case of Spokeo, Inc. v. Robins that consumers must prove “concrete injury” in class action lawsuits for alleged “bare” violations of a federal statute. However, the fact that class action lawsuits involving the federal Fair Credit Reporting Act (FCRA) that governs background checks in the U.S. will remain a potential threat to …



Supreme Court Sides With Samsung in Apple Lawsuit

The Supreme Court tossed an Apple lawsuit against Samsung on Tuesday after ruling in Samsung’s favor, the Associated Press said. This isn’t the end of the suit that has run on and on since a ruling in 2012. Litigation will continue in lower courts.


Where Are We With Enforceability of Class Action Waivers in Arbitration Agreements?

With the 9th Circuit’s late summer anti-class action waiver decision, the circuit split widened over the issue of whether employers can require employees, through an arbitration agreement, to waive their rights to bring class or collective actions against their employer. This issue will almost certainly reach the Supreme Court given the deepening divide and the Court’s …


Federal Judge Dismisses Lawsuit Against Senate Over Merrick Garland Nomination

Late last week, a Federal Judge rejected an ill-fated attempt to make an end-run around the Senate to find a way to put Merrick Garland on the Supreme Court: Merrick Garland’s last, long-shot chance at being confirmed as a Supreme Court justice has now vanished: A federal judge on Thursday dismissed a case that sought to force the Senate to take up his nomination. Garland, the chief judge of …


Iowa Supreme Court Throws Out AFSCME Lawsuit Against Governor Branstad

The Iowa Supreme Court has ruled Governor Branstad had the authority to close the state-run Mental Health Institutes in Clarinda and Mount Pleasant last year. Court: The citizens of Iowa granted the governor item-veto power The court threw out a complaint by two dozen Democrats in the state legislature and the president of the union that represented many of the workers at the two facilities. …


U.S. Supreme Court Seeks Solicitor General’s Input on California Securities Case

The U.S. Supreme Court has asked the solicitor general to weigh in on a jurisdiction question for a federal securities lawsuit out of California. The case of Cyan Inc. vs. Beaver County Employees Retirement Fund is currently in front of the nation’s highest court. The issue at hand is whether state courts lack subject matter jurisdiction over specific class actions.


Supreme Court Petitioned to Block $1 Billion NFL Concussion Settlement

The National Football League may be hoping this case gets swept under the rug and isn’t met with much public consumption moving forward. But a group of former NFL players and their lawyers are resilient in their efforts to not only bring the concussion issue to light, but force the league to pay out a larger sum. A settlement agreed to by the NFL and former players required the league to pay …