Faruki Blog

Predominance Inquiry and Rigorous Analysis: Comcast Corp. Already Impacting Class Certification Appellate Review

The recent Comcast Corp. opinion from the U.S. Supreme Court is already impacting appellate review of class certification decisions. In Comcast Corp... Read More

SCOTUS Upholds Contractual Waiver of Class Arbitration Regardless of Costs to Plaintiff

On Thursday, June 20, 2013, the United States Supreme Court issued a 5-3 decision (Justice Sotomayor recused herself from the case) in American.. Read More

SCOTUS Issues First-Ever Decision Interpreting CAFA

On Tuesday, March 19, 2013, the U.S. Supreme Court issued a unanimous decision in Standard Fire Ins. Co. v. Knowles, No. 11-1450, and held that class.. Read More

Simplifying Subpoena Practice – Rule 45 Gets a Makeover

Say goodbye to those anxious readings (and re-readings) of Rule 45. After twenty-two years, Rule 45 is getting a makeover. Last September, the.. Read More

SCOTUS Hesitant to Strip the Title "Master of the Complaint" from Class Action Plaintiffs

As I mentioned last week, on Monday, the U.S. Supreme Court heard oral argument in Standard Fire Ins. Co. v. Knowles, No. 11-1450. The argument was.. Read More

Will the Supreme Court Legalize Class Action Forum Shopping?

Next week, the U.S. Supreme Court will hear oral argument on whether federal removal jurisdiction under the Class Action Fairness Act ("CAFA" or the.. Read More

Supreme Court Update: When the Smart Money Is Split Between the Favorites, Bet on the Long Shot

That bit of horse-racing wisdom expressed on the TV show M*A*S*H (ironically, by the pious chaplain, Father Mulcahy) should have been heeded by the.. Read More

The Ohio Supreme Court Limits Access to Confidential and Privileged Information Maintained by a School District

In a 7-0 decision issued on November 29, 2011, the Ohio Supreme Court denied a writ of mandamus seeking to compel a school district to produce copies.. Read More

Can Congress Grant Copyright Protection to Works Already in the Public Domain? – Supreme Court to Decide Golan v. Holder

On October 5, 2011, the U.S. Supreme Court heard arguments in Golan v. Holder, No. 10-545. At issue is the constitutionality of Congress'.. Read More

Supreme Court Refines Rules of Personal Jurisdiction in Products Liability Cases

Do you produce products that enter the "stream of commerce" that end up being distributed to foreign jurisdictions? Do you fear you may be subject to.. Read More
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