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The Second Circuit Sidesteps Stolt-Nielsen

Unlike Mark Twain, there’s an open question as to whether the Supreme Court’s decision in Stolt-Nielsen v. AnimalFeeds Int’l Corp. is dead or alive.  As you may recall, Stolt-Nielsen all but created a...

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Authors v. Google Enters the Next Stage

The Authors Guild, Inc. et al. v. Google, Inc., 1:05-cv-08136-DC (S.D.N.Y.), began almost 7 years ago when Google’s “Library Project” results were first available online. The lawsuit has just entered a...

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Courts Rebuff Policyholders Who Seek Defense of Antitrust Class Actions

Recently-filed lawsuits in California and Georgia follow a trend of CGL policyholders demanding defenses to antitrust conspiracy claims under the theory that the antitrust class actions seek damages...

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Second Circuit Thrice Holds that Class Action Waivers Are Unenforceable

Third time’s the charm, right?  The Second Circuit has struck down, for the third time, a class action waiver in an arbitration agreement between American Express and  merchants.  In re American...

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SCOTUS Unanimously Rules that Class Action Plaintiffs Can’t Stipulate Their...

Plaintiffs’ lawyers will need to get more creative if they want to keep class actions in state court. Today, the Supreme Court of the United States ruled unanimously that class action plaintiffs can’t...

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SCOTUS: If Arbitration is Too Expensive, Just Buy Some More Money

We haven’t said much about arbitration lately because we’ve been waiting to see what the Supreme Court would do about class arbitration waivers in the American Express case. (See our earlier post on...

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SCOTUS: Unaccepted Settlement Offers Don’t Moot Class Actions

Today, the Supreme Court of the United States ruled that unaccepted offers of settlement under Federal Rule of Civil Procedure 68 do not moot a named plaintiff’s claims in a putative class action. In...

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