Faruki Blog

Home Depot v. Jackson: Further Refining Who Has the Power to Remove a Case to Federal Court (Authored by Faruki Summer Associate Raika N. Casey at rcasey@ficlaw.com)

The Supreme Court closed the door to removal to federal court for third-party counterclaim defendants.  Only the defendant the original plaintiff.. Read More

Class Certification Proving Challenging in Data Breach Actions

A trio of decisions illustrates the challenge of obtaining class certification in class actions based on data breaches. Relatively few courts have.. Read More

Not Everything is Settled in the Allen v. Dairy Farmers of America Antitrust Class Action – The Fight Over Allocating Fees to Class Counsel

For those of us practicing antitrust law in the Sixth Circuit, we are familiar with the case In re: Southeastern Milk Antitrust Litigation, 739 F.3d.. Read More

Behr Asks High Court to Hear Challenge to Sixth Circuit Rule 23(c)(4) Decision

The United States Supreme Court has an opportunity this term to hear a case that may change the way litigants pursue class actions.  On the heels of.. Read More

U.S. Supreme Court to Consider Anew the Scope of Federal Court Removal Rights Available to Third-Party Counterclaim Defendants

The Supreme Court soon may make it easier for counterclaim defendants to remove a case to federal court.  The Supreme Court granted a writ of.. Read More

A Second Swipe of the Settlement Card: Approval Pending in the In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation

A little more than two years after the Second Circuit Court of Appeals vacated a class-wide settlement because the class plaintiffs were.. Read More

Sixth Circuit Affirms Certification of Issues Under Rule 23(c)(4)

In Martin v. Behr Dayton Thermal Products, LLC, a three judge panel for the Sixth Circuit adopted the "broad view" of Fed. R. Civ. P. 23(c)(4).  .. Read More

When Is Enough Enough? SCOTUS to Consider the Scope of American Pipe’s Tolling Doctrine

Over 40 years ago, the U.S. Supreme Court unanimously decided the landmark case American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974), which.. Read More
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