Should courts replace trials with formulas for sake of convenience?

In this Federalist Society video, I discuss the Supreme Court case Tyson Foods Inc. v. Bouaphakeo––which the Court will hear today. In that case, a group of plaintiffs sued Tyson Foods for purportedly failing to pay them for the time … Continue reading

Class actions v. due process

In a case that will be heard next term, the Supreme Court will have to decide the limits of class action litigation.  In our amicus brief brief, PLF urges the Court to scrutinize those limits closely. In Bouaphakeo v. Tyson … Continue reading

Due process does not end with class action certification

Today, in Duran v. U.S. National Bank, the California Supreme Court issued a ringing endorsement of the due process right to mount a defense in a class action lawsuit.  The case involved a wage and hour class action under California’s … Continue reading

When ridiculous becomes the norm

The website Faces of Lawsuit Abuse has posted a video of the Top Ten Most Ridiculous Lawsuits of 2013. [youtube][/youtube] The list includes plaintiffs who lack actual injuries, class action lawsuits that have no merit, and litigants who seemingly want … Continue reading

Can just anyone bring a class action on behalf of others?

Florence Pacleb sued Allstate Insurance for calling him on his cellphone in violation of anti-solitication laws.  Allstate offered to pay the damages Pacleb demanded and his attorney’s fees.  Most courts hold that once a defendant offers to fully satisfy a plaintiff’s claims, … Continue reading

Individual arbitration is not an “unfair labor practice”

In D.R. Horton v. Cuda, Michael Cuda filed a labor claim against his employer, homebuilder D.R. Horton, purporting to act as a representative for a class.  D.R. Horton required all employees to sign a mutual arbitration agreement, however, that precluded … Continue reading

President’s weekly report — November 8, 2013

Environment — Clean Water Act and Wetlands We filed our opening brief in Hawkes v. U.S. Army Corps of Engineers.  Here, the property owners have been told that they must obtain a Clean Water Act Section 404 permit before they can … Continue reading

Washington Supreme Court affirms it doesn’t like arbitration clauses

Today the Washington Supreme Court issued an opinion in Hill v. Garda, which, unsurprisingly, demonstrated the lasting contempt among courts for arbitration agreements.  In Hill, a group of Garda employees brought a lawsuit against Garda for purported wage and hour … Continue reading

Court denies Dukes plaintiffs class certification, again

Last week, district court judge Charles Breyer may have written the last chapter of Wal-Mart v. Dukes, when he denied the plaintiffs’ renewed attempt to bring a massive class-action lawsuit against Wal-Mart for sex discrimination.  Remarking on the path of … Continue reading

Is the Roberts Court pro-business?

A recent New York Times article reports that many scholars believe the Roberts Court is more pro-business than its predecessors. To support this claim, they point mostly to procedural decisions, especially limits the Court has put on class action lawsuits. … Continue reading