by Dan Bushell | Jun 20, 2011 | General Civil Litigation, U.S. Supreme Court
2011 will surely go down as the Year of the Class Action in the Supreme Court of the United States. If you were surprised at the potential effects of Concepcion v. AT&T Mobility LLC for consumer class actions (unlike many observers, I didn’t see it as their...
by Dan Bushell | Apr 28, 2011 | General Civil Litigation, U.S. Supreme Court
Sometime around 2004, I heard that consumer class actions were dead. Why? Companies were inserting into consumer contracts mandatory arbitration clauses that waived the right to proceed as a class action. Courts were upholding them – arbitration clauses are,...
by Dan Bushell | Apr 1, 2011 | General Civil Litigation, U.S. Supreme Court
In Walmart Stores, Inc. v. Dukes, even more than in most cases, the U.S. Supreme Court stands at a crossroads. Or to be more precise, in Dukes, the Court stands at several crossroads. There’s little doubt that whichever path it chooses is going...