The Supreme Court has granted cert in an important case raising the issue whether a federal court of appeals has jurisdiction under both Article III a
Continue Reading Cert Granted in Interesting Class Action Appeal
jurisdiction
Federal Court Rejects Jurisdiction Over French Manufacturer
By Sean Wajert on
Posted in Articles, Drug and Device
A federal court in Mississippi has rejected the assertion of personal jurisdiction over a French medical device company. See Arnoult v. CL Med. Sarl, …
Continue Reading Federal Court Rejects Jurisdiction Over French Manufacturer
CAFA Removal Appeal to Watch
By Sean Wajert on
Posted in Articles, Class Action
Here’s one to watch. The Supreme Court agreed earlier this week to consider whether defendants seeking removal of a proposed class suit to federal cou…
Continue Reading CAFA Removal Appeal to Watch
Supreme Court Issues General Jurisdiction Opinion
By Sean Wajert on
Posted in Articles, Consumer Products
The U.S. Supreme Court rued last week that defendant DaimlerChrysler Corp. could not be sued in in California over an Argentine subsidiary’s all…
Continue Reading Supreme Court Issues General Jurisdiction Opinion
Energy Drink Case Subject to Primary Jurisdiction
By Sean Wajert on
We have posted before about the important doctrine of primary jurisdiction. Last week, a defendant obtained dismissal of a proposed class action over …
Continue Reading Energy Drink Case Subject to Primary Jurisdiction
Class Action Rejected Per Primary Jurisdiction Defense
By Sean Wajert on
A California federal court recently rejected a putative class action alleging meal replacement bars sold in General Nutrition Centers Inc. stores some…
Continue Reading Class Action Rejected Per Primary Jurisdiction Defense
Denial of Class Certification Does Not Deprive Federal Court of CAFA Jurisdiction
By Sean Wajert on
Posted in Articles, Class Action
Quick CAFA point for our readers. Another federal court has ruled that the denial of a motion for class certification does not divest a federal distri…
Continue Reading Denial of Class Certification Does Not Deprive Federal Court of CAFA Jurisdiction
Second Circuit Explains Home State Exception in CAFA
By Sean Wajert on
Posted in Articles, Class Action
The Second Circuit recently weighed in on CAFA, and its home state exception. See Gold v. N.Y. Life Ins. Co., No. 12-2344-cv (2d Cir., 9/18/13). Not o…
Continue Reading Second Circuit Explains Home State Exception in CAFA
Voluntary Dismissal Not A Route To Appellate Review of Class Issue
By Sean Wajert on
Posted in Articles, Class Action
Getting an appeals court to focus on class decisions- certification, refusal to certify, and decertification – can be crucial to litigants on both sid…
Continue Reading Voluntary Dismissal Not A Route To Appellate Review of Class Issue
Primary Jurisdiction Doctrine Leads to Dismissal of Food Claim
By Sean Wajert on
Posted in Articles, Food and Beverage
As our loyal readers know, the plaintiffs bar is poised to bring proposed class action litigation against food and beverage sellers over virtually any…
Continue Reading Primary Jurisdiction Doctrine Leads to Dismissal of Food Claim