Highlights from this issue include:
- U.S. Supreme Court holds determination of whether a subsequent agreement to arbitrate supersedes a prior agreement is for a court, not an arbitrator, to decide.
- Third Circuit rejects certification of class for lack of standing.
- Fourth Circuit holds ascertainability requirement does not apply to Rule 23(b)(2) class seeking injunctive relief.
- Fifth Circuit reverses class certification for failure to engage in proper Daubert
- Eighth Circuit vacates class certification for failure to engage in rigorous analysis of predominance requirement.
- Ninth Circuit holds plaintiffs may rely on as-yet unexecuted damages model in showing that damages are susceptible to common proof on a class-wide basis.
- Eleventh Circuit vacates approval of class settlement in TCPA case.
U.S. Supreme Court
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