Countrywide settles housing discrimination claims with Justice Department
Much has been already said about the Supreme Court’s landmark decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011). In this article, we provide a discussion of the recent case of Ham v. Swift Transp. Co., Inc., 275 F.R.D. 475 (W.D. Tenn. 2011), which illustrates that the precepts of Wal-Mart do not impede certification of classes under ...
December 2011 e-discovery preservation rule-making update
Mortgage Electronic Registration System, Inc. (commonly referred to as MERS) has been the subject of several class action lawsuits throughout the country.
The future of no-harm class actions is now in the hands of the U.S. Supreme Court following oral argument in First American Financial Corp. v. Edwards, U.S. Supreme Court Docket No. 10-708, October 2011.
In In re Apple & AT&TM Antitrust Litig., 2011 U.S. Dist. LEXIS 138539 (N.D. Cal. Dec. 1, 2011), a California federal district court recently had the opportunity to directly apply the Supreme Court’s holding in AT&T Mobility v. Concepcion, 131 S. Ct. 1740, 179 L. Ed. 2d 742 (2011). In a case involving an AT&T arbitration agreement, the Court ...
The dilemma of extensive discovery involved in complex class action litigation.
Following the Supreme Court's decision in AT&T Mobility, Inc. v. Concepcion, 113 S. Ct. 1740 (2011), it seemed clear that states possessed little power to limit the enforcement of arbitration provisions and class action waivers in consumer contracts.