Class Actions Blog

Twenty five amicus briefs filed in AT&T Mobility v. Concepcion

Posted on: November 8th, 2010 by Steve Larson

Twenty five different amicus briefs were filed in the AT&T Mobility v. Concepcion case.  As mentioned earlier in this blog, the Concepcion case presents the issue of whether states retain authority to apply general principles of contract interpretation to class action waivers found in arbitration agreements. Read more…

AT&T Mobility v. Concepcion argument on November 9, 2010

Posted on: November 8th, 2010 by Steve Larson

The argument in the AT&T Mobility v. Concepcion case scheduled for later this week is starting to generate some attention.  Click this link to see the LA Times article published on November 5, 2010.

http://www.latimes.com/business/la-fi-lazarus-20101105,0,639054.column

NELA files amicus brief in AT&T Mobility v. Concepcion

Posted on: November 5th, 2010 by Steve Larson

The National Employment Lawyers Association (“NELA”) filed an amicus brief in AT&T Mobility v. Concepcion, which is pending before the U.S. Supreme Court.  That case presents the important question of whether states retain authority to apply general principles of contract interpretation to class action waivers found in arbitration agreements. The NELA brief says that the use of such waivers is becoming increasingly common in the labor and employment context, particularly in so-called “take it or leave it” contracts that employees are required to sign in exchange for employment. This undermines the important role that the class action device serves in vindicating claims of workplace discrimination, retaliation and wage & hour violations. Read more…

NCLC files amicus brief in AT&T Mobility v. Concepcion

Posted on: November 3rd, 2010 by Steve Larson

The National Consumer Law Center (“NCLC”) filed an amicus brief in AT&T Mobility v. Concepcion, which is pending before the U.S. Supreme Court.  As mentioned earlier in this blog, the Concepcion case involves the issue of whether states retain authority to apply general principles of contract interpretation to class action waivers found in arbitration agreements. Read more…

Eleventh Circuit reverses course and restores intent of CAFA

Posted on: October 27th, 2010 by Steve Larson

On October 15, 2010, the Eleventh Circuit withdrew its intensely controversial opinion on CAFA jurisdiction that I previously mentioned on this blog.  In its original opinion in Cappuccitti v. DirecTV, Inc., the Court held that the named class representative must meet the $75,000 requirement of diversity jurisdiction – even if the case was filed under the Class Action Fairness Act. This result generated immense criticism and petitions for en banc review from both the plaintiff and defendant. The new opinion clearly states that there is no requirement in CAFA that any single plaintiff’s claim exceed $75,000. Read more…

Dukes v. Wal-Mart; Employees file opposition to Wal-Mart’s Petition for Certiorari

Posted on: October 26th, 2010 by Steve Larson

As mentioned previously on this blog, in September 2010, Wal-Mart filed a petition asking the U.S. Supreme Court to review the Ninth Circuit’s decision in Dukes v. Wal-Mart certifying a class of more than a million current and former female workers who allege they were discriminated against.

On October 21, 2010, the counsel for the class of Wal-Mart employees filed an Opposition to Wal-Mart’s Petition to the U.S. Supreme Court for a writ of certiorari.  The employees’ counsel argued that the writ should be denied because the decision is interlocutory and two fundamental questions remain unresolved.  Read more…

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This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

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  • Steve Larson

  • Steve Larson
  • Steve Larson has been representing investors, consumers and employees in class actions in Oregon for over 20 years. He is a shareholder at the law firm of Stoll Berne in Portland, Oregon.
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