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foreclosing bank's allegation that borrowers were in a continuing state of default sufficient to satisfy five-year statute of limitations even though stated initial default date was more than five years...

The Second Circuit recently rejected the "heightened" ascertainability requirement under Rule 23(b)(3), turning aside a challenge to a district court's certification of a securities fraud class action.

Plaintiff raised three arguments in support of her motion to vacate an arbitration award: "(1) that the arbitrator exceed his powers or so imperfectly executed them that a mutual, final...

The Sixth Circuit has affirmed an order vacating an arbitration award, agreeing with the district court that the mandatory arbitration clause at issue was unenforceable upon termination of the agreement in which it was contained.

The Third Circuit Court of Appeals affirmed a Pennsylvania district court decision holding the Eleventh Amendment to the United States Constitution prevented a private party from enjoining the state of Louisiana...

We previously blogged on whether the Supreme Court's ruling in American Pipe applies to toll the statute of limitations for successive putative class actions.

Plaintiffs, former staffing managers of defendants' international staffing agency, alleged that defendants misclassified them as overtime-exempt employees in violation of the Fair Labor Standards Act.

Where a Loan Agreement's arbitration provision stated disputes "will be resolved by Arbitration, which shall be conducted by the Cheyenne River Sioux Tribal Nation by an authorized representative in accordance...

On June 28, 2017, Bruce Berman and Steve Blickensderfer posted in this space about the Supreme Court's recent decision in California Public Employees Retirement System v. ANZ Securities, Inc., 137 S. Ct. 2042 (2017). In that case, the Supreme Court held that American Pipe tolling does not apply to the federal securities laws' statutes of repose.

In an unpublished opinion, the Third Circuit affirmed a decision denying a defendant bank's motion to dismiss a consumer complaint in favor of arbitration when the contract containing the arbitration clause...

Therefore, the court affirmed and declined to compel arbitration.

The underlying arbitration involved a breach of contract claim. Aliments and Nichols, through brokers, had exchanged some sales confirmations for Aliments to purchase pistachios from Nichols...

A putative class action against Uber filed by some of the company's California-based drivers has crashed.

In an issue of first impression, the United States Court of Appeals for the Federal Circuit addressed whether the Court of Appeals for Veterans Claims ("Veterans Court") has the authority to...

Enacted at the end of 2015, CISA aims to identify and mitigate potential cyber incursions by encouraging, through liability protections and other incentives, the private sector to share cyber threat data and defensive measures.

The Fourth Circuit's 2017 decision in Beck v. McDonald held that the mere fear of identity theft in the wake of a data breach was insufficient to confer Article III standing.

Imputation of Implied Actual Notice: the fact that an unrelated purchaser of property was aware that seller was being sued

On the heels of Congress' amendments last year to Section 831(b) of the Internal Revenue Code to curb perceived abusive use of so-called "micro" captive insurance companies...