United States Supreme Court
No Frequent Complaining Allowed about Frequent Flyer Programs
May 22, 2014
The United States Supreme Court recently held that airlines are allowed to revoke the membership of those of their frequent flyers who complain “too much” about the airline’s services (see Northwest v. Ginsberg). Contracts ProfBlog first wrote about the case on April 3. In the case, Northwest Airlines claimed that it removed one of its Platinum Elite customers from the program because the customer had complained 24 times over a span of approximately half a year about such alleged problems...
May 22, 2014
The United States Supreme Court recently held that airlines are allowed to revoke the membership of those of their frequent flyers who complain “too much” about the airline’s services (see Northwest v. Ginsberg). Contracts ProfBlog first wrote about the case on April 3. In the case, Northwest Airlines claimed that it removed one of its Platinum Elite customers from the program because the customer had complained 24 times over a span of approximately half a year about such alleged problems...
Rethinking Basic [Fraud on the Market]
January 8, 2014
Next spring, in the Halliburton case, the United States Supreme Court is expected to reconsider the Basic ruling that, twenty-five years ago, adopted the fraud-on-the-market theory and has since facilitated securities class action litigation. In this paper we seek to contribute to the expected reconsideration. We show that, in contrast to claims made by the parties, the Justices need not assess the validity or scientific standing of the efficient market hypothesis; they need not, as it were, decide...
January 8, 2014
Next spring, in the Halliburton case, the United States Supreme Court is expected to reconsider the Basic ruling that, twenty-five years ago, adopted the fraud-on-the-market theory and has since facilitated securities class action litigation. In this paper we seek to contribute to the expected reconsideration. We show that, in contrast to claims made by the parties, the Justices need not assess the validity or scientific standing of the efficient market hypothesis; they need not, as it were, decide...
October 2013 Supreme Court Term Begins
October 31, 2013
The United States Supreme Court began its October 2013 term today. One of the cases the high court will consider this fall is BG Group PLC v. Republic of Argentina, Docket No. 12-138. In the case, the District of Columbia Circuit vacated an arbitral award that was issued as a result of a Bilateral Investment Treaty (“BIT”) entered into between the United Kingdom and Argentina. The treaty itself provides that any disputes between a business investor and a host nation will be resolved in the host...
October 31, 2013
The United States Supreme Court began its October 2013 term today. One of the cases the high court will consider this fall is BG Group PLC v. Republic of Argentina, Docket No. 12-138. In the case, the District of Columbia Circuit vacated an arbitral award that was issued as a result of a Bilateral Investment Treaty (“BIT”) entered into between the United Kingdom and Argentina. The treaty itself provides that any disputes between a business investor and a host nation will be resolved in the host...
The Court’s 2012 Class Act: A Little Bit of This, a Little Bit of That
September 20, 2013
University of Texas School of Law Professor Linda S. Mullenix has published, The Court’s 2012 Class Act: A Little Bit of This, a Little Bit of That, Preview of United States Supreme Court Cases, Vol. 40, No. 8, pp. 328-335 (Aug. 10, 2013); U of Texas Law, Public Law Research Paper No. 516. In her paper, Professor Mullenix examines the U.S. Supreme Court’s most recent class litigation and arbitration decisions including Oxford Health Plans LLC v. Sutter and American Express Co. v. Italian...
September 20, 2013
University of Texas School of Law Professor Linda S. Mullenix has published, The Court’s 2012 Class Act: A Little Bit of This, a Little Bit of That, Preview of United States Supreme Court Cases, Vol. 40, No. 8, pp. 328-335 (Aug. 10, 2013); U of Texas Law, Public Law Research Paper No. 516. In her paper, Professor Mullenix examines the U.S. Supreme Court’s most recent class litigation and arbitration decisions including Oxford Health Plans LLC v. Sutter and American Express Co. v. Italian...
Supreme Court Closes Class Action Loophole
August 14, 2013
The United States Supreme Court attempted to close the door on litigants doing an end-run around the Class Action Fairness Act (CAFA) requirement that certain class actions be filed in federal court. Some plaintiffs attempted to file class actions subject to CAFA in more favorable state court venues. The Supreme Court attempts to end this practice but its ruling may give rise to more litigation over remand and removal. Standard Fire v. Knowles. Creative Avoidance of Federal Jurisdiction CAFA...
August 14, 2013
The United States Supreme Court attempted to close the door on litigants doing an end-run around the Class Action Fairness Act (CAFA) requirement that certain class actions be filed in federal court. Some plaintiffs attempted to file class actions subject to CAFA in more favorable state court venues. The Supreme Court attempts to end this practice but its ruling may give rise to more litigation over remand and removal. Standard Fire v. Knowles. Creative Avoidance of Federal Jurisdiction CAFA...
Da Silva Moore: Plaintiffs Petition for Writ of Certiorari on Question of Recusal
July 25, 2013
It was reported this week that the Plaintiffs in this case have filed a Petition for a Writ of Certiorari with the United States Supreme Court seeking an answer to the question: “Should a court of appeals review a judge’s denial of a motion to recuse de novo or for an abuse of discretion?” For those who don’t recall, the plaintiffs in this case sought Magistrate Judge Peck’s recusal following his approval of Defendant’s predictive coding protocol. That motion was denied, and the denial...
July 25, 2013
It was reported this week that the Plaintiffs in this case have filed a Petition for a Writ of Certiorari with the United States Supreme Court seeking an answer to the question: “Should a court of appeals review a judge’s denial of a motion to recuse de novo or for an abuse of discretion?” For those who don’t recall, the plaintiffs in this case sought Magistrate Judge Peck’s recusal following his approval of Defendant’s predictive coding protocol. That motion was denied, and the denial...
U.S. Supreme Court Grants Certiorari in Arbitration Dispute Involving Investment Treaty
July 24, 2013
On Monday, the United States Supreme Court agreed to hear BG Group PLC v. Republic of Argentina, No. 12-138. In the case, the Republic of Argentina argued an arbitrator exceeded his authority by ignoring the terms of a bilateral investment treaty between the nation and the United Kingdom. The treaty provides that arbitration may take place only if a dispute is not resolved within 18 months of a filing in the host nation’s courts. Argentina alleged that “BG Group, PLC, a British corporation...
July 24, 2013
On Monday, the United States Supreme Court agreed to hear BG Group PLC v. Republic of Argentina, No. 12-138. In the case, the Republic of Argentina argued an arbitrator exceeded his authority by ignoring the terms of a bilateral investment treaty between the nation and the United Kingdom. The treaty provides that arbitration may take place only if a dispute is not resolved within 18 months of a filing in the host nation’s courts. Argentina alleged that “BG Group, PLC, a British corporation...
U.S. Supreme Court Declines to Review Two Lawsuits Filed Against Nursing Homes Where Heirs Signed Arbitration Agreements
May 23, 2013
Last week, the United States Supreme Court reportedly refused to consider two wrongful death cases against nursing homes in Illinois and Kentucky where the plaintiff signed an arbitration agreement. In Carter v. SSC Odin Operating Co., LLC, No. 12-1012, the daughter of a woman who died while in the care of an Illinois nursing home filed a wrongful death lawsuit against the facility. At the time of the woman’s admission, her daughter, Sue Carter, signed an arbitration agreement on her incapacitated...
May 23, 2013
Last week, the United States Supreme Court reportedly refused to consider two wrongful death cases against nursing homes in Illinois and Kentucky where the plaintiff signed an arbitration agreement. In Carter v. SSC Odin Operating Co., LLC, No. 12-1012, the daughter of a woman who died while in the care of an Illinois nursing home filed a wrongful death lawsuit against the facility. At the time of the woman’s admission, her daughter, Sue Carter, signed an arbitration agreement on her incapacitated...
SCOTUS Struggles With Standard Of Review For Arbitrator’s Decision To Allow Class Arbitration
April 23, 2013
While the oral argument before the United States Supreme Court in Sutter today was ostensibly about whether to affirm an arbitrator’s decision that the parties’ contract authorized class arbitration, the decision really turns on how the Court will review all arbitration decisions. (Transcript here.) Multiple Justices expressed an unwillingness to create a special standard for reviewing arbitrator decisions involving class arbitration. (Info on the underlying case here.) Appellant’s...
April 23, 2013
While the oral argument before the United States Supreme Court in Sutter today was ostensibly about whether to affirm an arbitrator’s decision that the parties’ contract authorized class arbitration, the decision really turns on how the Court will review all arbitration decisions. (Transcript here.) Multiple Justices expressed an unwillingness to create a special standard for reviewing arbitrator decisions involving class arbitration. (Info on the underlying case here.) Appellant’s...
Supreme Court Upholds Employer’s Strategy of Picking Off Lead Plaintiff in FLSA Collective Action
April 20, 2013
In another highly anticipated decision of this term, the United States Supreme Court today upheld the dismissal of a collective action under the Fair Labor Standards Act because the lead plaintiff had been offered and declined an offer of full relief; thus leaving the trial court without subject matter jurisdiction to hear the matter. In a 5-4 decision, Justice Thomas reversed the Third Circuit’s position that despite the individual claim being moot, the remaining collective action was still viable....
April 20, 2013
In another highly anticipated decision of this term, the United States Supreme Court today upheld the dismissal of a collective action under the Fair Labor Standards Act because the lead plaintiff had been offered and declined an offer of full relief; thus leaving the trial court without subject matter jurisdiction to hear the matter. In a 5-4 decision, Justice Thomas reversed the Third Circuit’s position that despite the individual claim being moot, the remaining collective action was still viable....
