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
Supreme Court Declines to Overturn Landmark TCPA Jury Verdict
On December 16, 2019, the United States Supreme Court declined to review Krakauer v. Dish Network LLC, thus leaving unresolved a circuit split regarding Article III standing under the Telephone Consumer Protection Act (“TCPA”). As you may recall, on June 3, 2019, we reported on the Fourth Circuit’s opinion in Krakauer v. Dish Network…
Supreme Court Rules that Class Actions Do Not Toll the Limitations Period for Successive Class Actions
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
Supreme Court Receives Petitioner’s Brief and Eight Supporting Briefs In Significant Class Action Involving “Unsettled Question” of Whether Tolling Applies to a Statute of Repose.
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. …
Nack v. Walburg: The United States Supreme Court Denies Petition for Certiorari of Eighth Circuit Decision Leaving Open Many Issues Regarding the FCC’s Authority Related to the TCPA
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,…
Goodbye International Shoe: Supreme Court Deals Massive Blow to Plaintiffs With New Standard for General Jurisdiction
On January 14, 2014, the United States Supreme Court rewrote the test for general personal jurisdiction, holding that a defendant is subject to such jurisdiction only in the states where it is incorporated or has its principal place of business. Daimler AG v. Bauman, No. 11-965, 2014 WL 113486 (U.S. Jan. 14, 2014),…
The United States Supreme Court Grants Certiorari in Mount Holly v. Mount Holly Gardens Citizens in Action, Inc. to Address Disparate Impact Litigation Under Fair Housing Act
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…