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Master of Its Choice of Forum?

On April 29, 2024, the U.S. Supreme Court agreed to review whether a plaintiff may compel the remand of a case removed on the basis of federal question jurisdiction by voluntarily amending its complaint to leave only state...more

No Incentive Awards for Class Representatives — Eleventh Circuit Rejects Reconsideration En Banc of Its One-of-a-Kind Bar

Last week, the Eleventh Circuit declined, 7–4, to reconsider en banc a divided panel’s September 2020 decision barring incentive awards to class representatives for their work in class actions. As such, the Eleventh Circuit...more

Eleventh Circuit Vacates Pre-Spokeo “Beat the Clock” FACTA Class Action Settlement for Lack of Standing Post-Spokeo

The Eleventh Circuit, sitting en banc, has vacated a pre-Spokeo “beat the clock” class action settlement for lack of standing post-Spokeo. This decision is reflective of a developing trend in the Eleventh Circuit to...more

Supreme Court Rejects Tolling Argument for Nonnamed Class Members’ Section 11 Claims

On June 26, 2017, the Supreme Court issued a 5-4 decision in California Public Employees’ Retirement System v. ANZ Securities, Inc., et al. (No. 16-373), holding that tolling does not apply, when a class action is pending, to...more

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