Arbitration/Appraisal

Supreme Court to Decide Whether Class Action Arbitration Is Allowed Where Arbitration Clause Is Silent Regarding Availability of Class ProceedingsOral Argument in Epic Systems Corp. v. Lewis: Class Action Waivers in Employment AgreementsSupreme Court to Hear Class Action Cases Involving Class Action Waivers and Tolling of Statutes of Limitations

Articles

Summer Reading on Insurance Class ActionsStrategies for Removal Under Class Action Fairness Act (CAFA): ABA Corporate Counsel ArticleAnother Article on Recent Developments in Insurance Class Actions

Auto Insurance

Superiority and Mootness of Injunctive Relief Claim Addressed in Recent Denial of Class CertificationMedicare Secondary Payer Act Class ActionsCompliance With Medicare Secondary Payer Act At Issue In Auto Insurance Case

Class Action Fairness Act

Supreme Court Rules That Third-Party Counterclaim Defendants Cannot Remove Class Actions Under the Class Action Fairness Act (CAFA)SCOTUS to Decide Whether Class Action Counterclaims Can Be Removed Under Class Action Fairness ActGorsuch on Class Actions: How Might He Compare to Scalia?

Class Action Settlements

Are Incentive Awards for Named Plaintiffs in Class Actions Allowed? Not According to the Eleventh CircuitNinth Circuit Reverses Class Action Settlement Based on Notice Concerns and Insufficient ScrutinySupreme Court to Address Use of Cy Pres Relief in Class Action Settlements Next Term

Class Certification Standards

Nutraceutical Corp. v. Lambert: Rule 23(f) Deadline Cannot Be Equitably TolledClass Certification Improper Where 10% of Class Members Uninjured, Explains the First CircuitNumerosity and Commonality Requirements Reinforced by Third Circuit

Defense Strategy

Does Bristol-Myers Squibb Apply to Class Actions? D.C. and Seventh Circuit Issue New DecisionsTendering Full Relief to Moot a Class Action: It’s Still Possible in IllinoisSuperiority and Mootness of Injunctive Relief Claim Addressed in Recent Denial of Class Certification

Disability Insurance

Injunctive Relief in Insurance Class Actions: New Third Circuit Decision Raises Interesting Issues

Discovery

Are Defendants Required To Create Datasets to Respond to Discovery Requests in Class Actions?Insights From FDCC Program On December 2015 Amendments To Federal Rules of Civil Procedure2015 Amendments to Federal Rules – Impact on Class Actions

ERISA

Supreme Court Decision on ERISA Statute of Limitations May Help Defendants Defeat Class Certification

Health Insurance

Health Insurance Class Action on Out-of-Network Fees: New Jersey Federal Court Addresses Commonality and Predominance in Denying Class CertificationDiscovery By Objectors to Class Action Settlement: Montana Supreme Court Opens Door to DiscoveryDeclaratory Relief Class Actions Under Rule 23(b)(2): Sixth Circuit Issues Significant Opinion in Health Insurance Class Action

Injunctions

Rule 23(b)(2) and Fail-Safe Classes Addressed By Fifth CircuitPreliminary Injunctions in Insurance Class Actions: Is Losing "Peace of Mind" from Insurance Irreparable Harm?Preliminary Injunctions in Insurance Class Actions: California Federal Court Enjoins Life Insurer From Implementing Rate Increase

Life Insurance

Retained Asset Account ERISA Class Action: First Circuit Overturns Judgment in Favor of PlaintiffsLife Insurance Retained Asset Account Class Action: Seventh Circuit Affirms DismissalLife Insurance Retained Asset Accounts: New District of Massachusetts Decision

Mass Litigation

Thoughts On Mass Litigation of Insurance Claims Following Catastrophes

Products Liability

Ascertainability Not Required In Ninth Circuit, But Manageability Remains

Property Insurance

Upcoming Webinar on COVID-19 Business Interruption Insurance Class ActionsLabor Depreciation Class Action: New Eighth Circuit DecisionClass Action Involving Application of Deductible to Actual Cash Value Payment

Seminars/Programs

Upcoming Webinar on COVID-19 Business Interruption Insurance Class ActionsHighlights From DRI Class Action Seminar 2017 – Day TwoHighlights From DRI Class Action Seminar 2017 – Day One

Subrogation

Subrogation Class Action Involving Climate Change-Related Claims Filed By Farmers Insurance

Title Insurance

Title Insurance Class Action Decertified Based On Wal-Mart v. DukesTitle Insurance Class Action on Reissue Premium Discounts: Kentucky Court of Appeals Affirms Class CertificationTitle Insurance Class Action: Fifth Circuit Illustrates Analysis of Proposed Common Questions Under Wal-Mart v. Dukes

Trials

Insights from 2013 DRI Class Action Seminar - Day 2Insights from 2013 DRI Class Action Seminar - Day 1Trial of Class Actions With Statistical Evidence: California Court of Appeal Follows Wal-Mart v. Dukes In Rejecting "Trial By Formula"

Uncategorized

Supreme Court Closes The Door On A Tactic Used By Plaintiffs To Appeal Denials of Class CertificationBlog Name Change: Welcome To Class Actions InsiderInsights from DRI Class Action Seminar 2015 - Part 2