The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions....more
8/8/2024
/ Appellate Courts ,
Article III ,
Class Action ,
Class Certification ,
Class Representatives ,
Corporate Counsel ,
Putative Class Actions ,
SCOTUS ,
Standing ,
Statute of Limitations ,
Tolling
The U.S. Supreme Court stepped back from the brink in a term that could have reshaped First Amendment law for the internet age.
...more
7/2/2024
/ First Amendment ,
Free Speech ,
Gonzalez v Trevino ,
Government Officials ,
Lanham Act ,
Lindke v Freed ,
Moody v NetChoice LLC ,
Murthy v Missouri ,
National Rifle Association of America v Vullo ,
NetChoice LLC v Paxton ,
O’Connor-Ratcliff v Garnier ,
Online Platforms ,
SCOTUS ,
Social Media ,
Social Networks ,
Vidal v Elster
The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions....more
The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions....more
The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions. ...more
The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions....more
3/20/2024
/ Appellate Courts ,
Article III ,
Attorney's Fees ,
CAFA ,
Class Action ,
Corporate Counsel ,
Debt Collection ,
Debt Collectors ,
Denial of Certiorari ,
FDCPA ,
Injunctive Relief ,
Putative Class Actions ,
Rule 11 ,
Sanctions ,
SCOTUS ,
Standing ,
TransUnion ,
Unfair or Deceptive Trade Practices
The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions....more
2/26/2024
/ Appeals ,
Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
CAFA ,
Certiorari ,
Class Action ,
Class Certification ,
D.R. Horton ,
Federal Arbitration Act ,
Predominance Requirement ,
SCOTUS ,
Smith v Spizzirri ,
Visa Inc
Welcome to the inaugural edition of Classified Monthly: A Roundup of Class Action Decisions from Federal Appellate Courts.
The Roundup normally will arrive in your inbox the first week of each month and will cover the...more
1/22/2024
/ CAFA ,
Class Action ,
Class Certification ,
Class Representatives ,
Diversity Jurisdiction ,
Fee Awards ,
Injunctions ,
Petition for Writ of Certiorari ,
Predominance Requirement ,
Putative Class Actions ,
SCOTUS ,
Settlement Agreements
In many federal courts of appeals, the statement on oral argument occupies a prime position in a brief. It is often the first substantive statement a judge reads. Yet so few advocates use this valuable “real estate” to...more
Nearly three years after its decision in Johnson v. NPAS Solutions LLC, the Eleventh Circuit Court of Appeals remains the only circuit in the nation to categorically bar class representatives from receiving incentive awards....more
The Supreme Court this term elevated First Amendment values over anti-discrimination laws and stalking statutes in two important cases. The most far-reaching case, 303 Creative LLC v. Elenis, decided that a website designer...more
7/6/2023
/ 303 Creative LLC v Elenis ,
Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Communications Decency Act ,
Copyright ,
Counterman v Colorado ,
First Amendment ,
Free Speech ,
Groff v DeJoy ,
Jack Daniels Properties Inc v VIP Products LLC ,
LGBTQ ,
Religious Accommodation ,
Section 230 ,
Terrorist Organizations ,
Trademark Infringement ,
Twitter Inc v Taamneh ,
United States v Hansen
In Domino’s Pizza LLC v. Carmona, Domino’s petitioned the U.S. Supreme Court to clarify whether drivers making only in-state deliveries of goods, ordered by in-state customers from an in-state warehouse, engaged in interstate...more
The Supreme Court term that ended today once again showed the power of the First Amendment to shape American life. The court invoked the First Amendment in cases regulating social media platforms, prayer at public schools,...more
6/30/2022
/ Campaign Contributions ,
Carson v Makin ,
City of Austin v Reagan National Advertising of Texas Inc ,
Coral Ridge Ministries Media v Southern Poverty Law Center ,
Coronavirus/COVID-19 ,
Egbert v Boule ,
Establishment Clause ,
Federal Election Commission (FEC) ,
Federal Election Commission v Cruz for Senate ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
Houston Community College System v Wilson ,
Kennedy v. Bremerton School District ,
NetChoice LLC v Paxton ,
Religious Schools ,
Retaliation ,
SCOTUS ,
Shurtleff v City of Boston ,
Vaccinations
The Florida Supreme Court recently reminded us of an adage of trial practice: Do not depend on a perceived mistake by the trial court to preserve an issue for appeal. A lawyer must fulfill his or her obligation to spell out...more
Judges presiding over multidistrict litigations, known as MDLs, must walk a tightrope between individual and collective needs. ...more
Louis Brandeis famously wrote in Whitney v. California, 274 U.S. 357 (1927), that the remedy for false or harmful speech “is more speech, not enforced silence.” A recent Fifth Circuit case presented a novel question that...more
California this month became the first state to declare a right to commandeer private property to combat the spread of COVID-19. Other states and localities are considering similar emergency measures to take over hospital...more
On January 23, 2020, the Florida Supreme Court changed the Florida Rules of Appellate Procedure to create a new class of interlocutory appeals and expand the right to bring other appeals from nonfinal orders....more
Attorney David Karp and Pulitzer Prize-winning journalist Gilbert King, author of Devil in the Grove: Thurgood Marshall, the Groveland Boys, and the Dawn of a New America, discuss the importance of access to historically...more
11/22/2019
/ Criminal Convictions ,
Criminal Investigations ,
Criminal Prosecution ,
Criminal Records ,
FBI ,
Freedom of Information ,
Grand Juries ,
Information Requests ,
Law Enforcement ,
Race Discrimination ,
Testimonial Statements ,
Testimony ,
Transcripts ,
Transparency
When a litigant makes a statement to one court, and later makes a contradictory statement to another court, what must the other party show to prove the litigant intended to make a mockery of the judicial system? The Eleventh...more
11/8/2019
/ Chapter 13 ,
Consumer Bankruptcy ,
Counterclaims ,
Defense Strategies ,
Disclosure ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Judicial Estoppel ,
Material Misstatements ,
Retaliation ,
Reversal ,
Tortious Interference ,
Unpaid Overtime ,
Wage and Hour
The Seventh Circuit recently reduced the scope of one of the Federal Trade Commission's most effective enforcement tools, the power to seek restitution for violations of consumer protection laws. The decision in Federal Trade...more
The First Amendment does not generally confer a right to access government information. But can the First Amendment apply to laws that selectively release government information to certain people for certain purposes? The...more
The Communications Decency Act has long shielded internet service providers from liability when they re-post fake news or fraudulent information from another provider. The federal statute says no interactive computer service...more
6/18/2019
/ Algorithms ,
Communications Decency Act ,
Google ,
Internet Service Providers (ISPs) ,
Liability ,
Microsoft ,
Motion to Dismiss ,
Publishers ,
Website Owner Liability ,
Websites ,
Yahoo!
An 11-year-old boy required to eat his homemade, gluten-free chicken sandwich outside a restaurant on a school field trip will get to take his case to trial.
...more
Lawyers sometimes compare the qualities of a good brief to the characteristics of a well-written newspaper article. The two forms of writing share many features: clarity, telling details, a narrative arch, and analytic rigor....more