The United States Supreme Court has granted consolidated review of three cases to determine whether arbitration agreements that waive employees’ rights to participate in a class action lawsuit against their employer are unlawful.
Continue Reading Supreme Court to Rule on Legality of Class Action Waivers in Employer Arbitration Agreements

On January 3, 2017, a Ninth Circuit panel weighed in on a growing split among circuits over Rule 23’s ascertainability requirement – in particular, the extent to which a plaintiff must prove there is an “administratively feasible” means of identifying class members.
Continue Reading Ninth Circuit Widens Circuit Split on Rule 23’s Ascertainability Requirement

The first blow to the recent expansive application of the New Jersey TCCWNA was struck by a federal court in California last month. In Candelario v. Rip Curl, Inc., the Central District of California granted a motion to dismiss a complaint alleging a TCCWNA violation of website terms and conditions because the plaintiff lacked Article III standing.
Continue Reading New Law in a TCCWNA Terms and Conditions Case