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Elena Kagan and Class Actions

When the Supreme Court nomination of then-Judge Sonia Sotomayor was announced, I put together this summary of her fairly significant judicial record on class action issues.  Finding any record on class...

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Wal-Mart v. Dukes Oral Argument Transcript

The Wal-Mart v. Dukes argument was held as scheduled today.  Here is a Wal-Mart v. Dukes Oral Argument Transcript.  Some initial observations: The beginning of the defendant’s argument was focused on...

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If at First You Don’t Succeed, Try, Try Again

Earlier today, the Supreme Court issued its third of four class action-related decisions for the October 2010 term.  In Smith v. Bayer Corp., No. 09-1205, the Court held that a federal court exceeded...

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Genesis Healthcare Decided. Now “feel free to relegate the majority’s...

Today, the Supreme Court issued its ruling in Genesis Healthcare Corp. v. Symczyk, No. 11–1059, which addresses the practice of “picking off” a named plaintiff in a FLSA collective action by making a...

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New Life for Class Arbitration, or Strategic Mistake in an Isolated Case?

The Supreme Court issued its decision today in the first of two arbitration-related class action cases on the 2012-13 docket.  Today’s decision bucks what had been a trend in the Court’s decisions in...

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