Quarterly Update From Inside Class Actions
July 2024, Covington Report
Inside Class Actions covers every facet of class action practice, including arbitration, discovery, certification, and settlement. The blog will be of interest to companies facing class action litigation, class action practitioners, and individuals who want to learn more about this constantly evolving area of law.
This quarter featured posts discussing a Supreme Court decision regarding arbitration and other pertinent circuit and district court decisions, as well as detailed analyses of a proposed new Federal Rule of Civil Procedure for MDLs, California’s new “junk fees” law, environmental, social, and corporate governance (ESG) litigation trends, and more. These posts, and other highlights, are linked below.
This quarter Covington’s class action litigators also published a new multi-part video series discussing significant developments and trends across a broad spectrum of class action issues. Individual videos offer special observations about class actions in the life sciences, consumer products, and technology industries, as well as those involving privacy, AI, ESG, and antitrust issues. The video series can be found here.
Highlight Posts from the Quarter
1. A recent Supreme Court decision holding that district courts do not have discretion to dismiss a case when all claims are subject to arbitration and a party has requested a stay.
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2. A Second Circuit decision affirming the district court's dismissal of a food mislabeling class action where all of the plaintiffs' expert evidence was inadmissible, illustrating the importance of expert testimony for "reasonable consumer" claims.
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3. A discussion of the proposed new Federal Rule of Civil Procedure addressing case management of multidistrict litigation.
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4. An analysis of California's new legislation restricting the "hidden fees" businesses can charge to consumers separate and apart from the price of goods, violations of which could trigger class action litigation.
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5. An analysis of emerging trends shaping the landscape of ESG litigation.
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6. A recent district court decision declining to remand a wiretap class action to state court based on a strict construction of the local controversy exception to CAFA jurisdiction.
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7. A decision denying class certification in an antitrust class action based on rigorous scrutiny of an expert’s assumptions in a damages model.
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8. A discussion of JAMS’ publication of its opt-in Mass Arbitration Procedures and Guidelines, and how it compares to AAA’s mass arbitration rules.
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Covington’s Class Action Litigation Group represents companies in class actions in nearly every major substantive area in which such suits are brought, including, among others, antitrust, consumer protection, privacy, product liability, securities, employment, and ERISA.
If you have any questions concerning the material discussed in this client alert, please contact the members of our Class Actions practice.