As we previously reported, employers generally have found success when the United States Supreme Court takes up questions about the arbitrability of workplace disputes. The unanimous decision in Southwest Airlines Co. v. Saxon bucks that trend, holding that those who load cargo onto airplanes engaged in interstate travel are exempt from the Federal Arbitration Act

In China Agritech, Inc. v. Resh, the Supreme Court recently held that pending class actions do not toll the limitations period for successive class actions. The ruling limits plaintiffs’ ability to bring successive class actions and will increase certainty for defendants sued in class actions.
Continue Reading Supreme Court Rules that Class Actions Do Not Toll the Limitations Period for Successive Class Actions

Background

In March, the Supreme Court granted certiorari to determine whether the filing of a putative class action serves, under the American Pipe rule, to satisfy the three-year time limitation in § 13 of the Securities Act with respect to the claims of putative class members.  Now, the Court is beginning to consider the merits. 

As you may recall, on May 22, 2013, we reported on the Eighth Circuit’s opinion in Nack v. Walburg, Case No. 11-1460 (8th Cir. May 21, 2012), an opinion in which the court raised the specter of constitutionality issues in TCPA class actions.  However, the Eighth Circuit ultimately did not decide those key issues,

On June 17, 2013, the United States Supreme Court granted certiorari in Mount Holly v. Mount Holly Gardens Citizens in Action, Inc., which will address whether disparate impact claims are cognizable under the Fair Housing Act, 42 U.S.C. § 3601, et seq. (FHA)

Background Facts and Lower Court History

Mount Holly involves a