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U.S. Supreme Court Applies Concepcion to Strike Down West Virginia...
Image via Wikipedia In a per curiam opinion today applying the rule in Concepcion, the U.S. Supreme Court reversed and remanded orders of the Supreme Court of Appeals of West Virginia, which held...
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Ninth Circuit Holds that FAA Under Concepcion Broadly Preempts State Law...
Image via Wikipedia The Ninth Circuit Court of Appeals in a published opinion today, held that the Federal Arbitration Act broadly preempts state law invalidating class-action waivers in arbitration...
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U.S. Supreme Court Dismisses Certiorari in First American Financial Corp. v....
In a notable non-decision, the U.S. Supreme Court today decided not to decide First American Financial Corporation v. Edwards. 567 U. S. ____ (2012) (available at...
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California’s First District Invalidates Auto Dealer’s Arbitration Agreement...
English: The Earl Warren Building and Courthouse at Civic Center Plaza, San Francisco, California. This building is home to the Supreme Court of California and the Court of Appeal for the First...
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U.S. Supreme Court Rules a Putative Class Action Plaintiff May Not Use...
Official portrait of Supreme Court Justice Stephen Breyer. (Photo credit: Wikipedia) In a unanimous opinion written by Justice Breyer, the U.S. Supreme Court held today that a putative class...
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Central District Grants Final Approval to Injunctive Relief Settlement in...
DSC_9962 (Photo credit: k_haruna) On March 13, 2013, Judge David O. Carter granted final approval to a class action based on claims that Defendants mislabeled their “Qunol” product as “six times more...
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California Court of Appeal Cites Death Knell Doctrine to Assert Jurisdiction...
Ring His Death Knell – NARA – 534312 (Photo credit: Wikipedia) Yesterday, in a proposed wage and hour class action, the California Court of Appeal for the Second District reversed the lower court’s...
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Press Quotes Regarding Analysis of Compton Case
English: Seal of the Supreme Court of California (Photo credit: Wikipedia) LexisNexis’s Law360 today published an article quoting the author’s analysis of the Compton v. Superior Court case. Compton...
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In an Antitrust Class Action, U.S. Supreme Court Holds That Expert’s Damages...
photograph of the justices, cropped to show Justice Scalia (Photo credit: Wikipedia) In a 5 to 4 opinion today written by Justice Scalia, the U.S. Supreme Court found that a proposed antitrust class...
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California Court of Appeal Reverses Denial of Arbitration Petition, Despite...
Used Car Lot (Photo credit: Hugo90) California’s First District yesterday approved of an arbitration agreement, despite the presence of a class waiver and a requirement to arbitrate public claims....
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In Wage Class Action, Second District Affirms Labor Code Section 203...
1905 American Mercedes In a year when the average wage was only $200 to $400 annually, the Mercedes was a car for the rich readers of Country Life magazine. (Photo credit: Wikipedia) Today, the Second...
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Ninth Circuit Declines to Vitiate Broughton-Cruz Rule
Flight Academy 03 (Photo credit: bestarns) Declining to issue a broad ruling vitiating the Broughton-Cruz rule, the Ninth Circuit filed its en banc opinion today in Kilgore v. Keybank, National...
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Ninth Circuit Reverses Dismissal of State Law Claims, Holding That FLSA...
English: Stanford Memorial Church, Stanford University, Stanford, California. (Photo credit: Wikipedia) Agreeing with other circuits, the Ninth Circuit held today that FLSA collective actions and state...
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Supreme Court Holds That Unaccepted, Full-Value Rule 68 Offer of Judgment...
Uni 5s: Pick-off Attempt at 3rd (Photo credit: pj_in_oz) In an case with broad implications for federal class action practice, the U.S. Supreme Court held today, in a 5-4 opinion, that an FLSA...
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Second District Draws Distinction Between Allegations and Judicial Admissions...
Boulder City, Nevada.. cute homes.. (Photo credit: iwona_kellie)In In a tax day ruling that may have implications for co-defendants seeking to compel arbitration, the Second District affirmed a trial...
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Employer’s Right to Alter Handbook’s Terms Doesn’t Render Illusory Mutual...
Battle Foods Employee Handbook Cover (Photo credit: johntrainor) The Second District ordered published today Serpa v. California Surety Investigations, Inc., et al., No. B237363, __ Cal. App. 4th __...
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Ninth Circuit Reverses Approval of Class Settlement Where Incentive Awards...
Experian in Ruddington Fields (Photo credit: Ruddington Photos) Today, the Ninth Circuit reversed a district court’s approval of a class action settlement against credit reporting agencies under the...
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Ninth Circuit Issues Forum Selection Clause Opinion
English: Kingdom Centre, Riyadh, Saudi Arabia. Taken by BroadArrow in 2007. (Photo credit: Wikipedia) The Ninth Circuit issued an opinion today in Petersen v. Boeing Company, No. 11-18075, __ F.3d __...
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Second District Publishes Attorney Disqualification Opinion: Khani v. Ford...
1961 Ford H-Series trucks (Photo credit: Wikipedia) The Court of Appeal for the Second Appellate District yesterday ordered published Khani v. Ford Motor Company, et al., No. B239611, __ Cal.App.4th __...
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Amending Attorneys’ Fees Allegation in Midst of Trial Found Prejudicial
Late (Photo credit: Tom Bech) The Second District held today that it is an abuse of discretion to permit an amendment to a complaint on the fourth day of a five-day trial. Duchrow v. Forrest, __ Cal....
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