This morning, the Massachusetts Supreme Judicial Court (SJC) issued two opinions addressing whether there remain any circumstances in which an arbitration agreement that bans class actions can still be challenged after the Supreme Court's decision in AT&T Mobility LLC v. Concepcion. The SJC strongly aligned itself with the view that Concepcion does not make class […]
Author Archives: Scott Nelson
In a rare win for a plaintiff in a Supreme Court case involving class actions and arbitration, the Court ruled today in Oxford Health Plans LLC v. Sutter that an arbitrator's decision to allow class rather than individual arbitration had to be accepted by the courts. What was decisive in the case was that the plaintiff […]
The U.S. Court of Appeals for the Ninth Circuit today refused to reconsider its opinion last fall upholding the settlement of a class action asserting claims based on Facebook's "Beacon" program, under which Facebook posted information about purchases and video rentals Facebook users made from companies that participated in the program. The settlement provides for […]
In an en banc ruling released today, the U.S. Court of Appeals for the Ninth Circuit held that the federal Medical Device Amendments do not preempt a patient's tort claim alleging that that manufacturer violated its state-law duty to warn of dangers when it did not report "adverse events" to the FDA, as required by […]