Articles

Vehicle Defect Class Actions: Recent Trends in Arbitration

By Robert Neary – February 23, 2021 | The three main arguments that manufacturers make when seeking to compel arbitration.

Class Arbitration and the Enforceability of Class Action Waivers in Arbitration Agreements

By Sara Anne Ford, R. Ashby Pate, and Jeffrey P. Doss – February 23, 2021 | Careful attention to the agreement—including, for example, whether a court or an arbitrator must make threshold arbitrability decisions—is essential.

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Practice Points

Exacerbating Circuit Split, Sixth Circuit Holds Inadmissible Evidence May Be Relied on at Class Certification Stage

By D. Scott Carlton and Kiaura Clark – May 4, 2021 | Specifically, the court held that use of unauthenticated and ultimately inadmissible non-expert summary-report logs were proper evidence to support granting class certification.

Eighth Circuit Identifies Damages Hurdle for Payment for Order Flow Class Certification

By Nick Morgan, D. Scott Carlton, Kyle Jones, and Michael Mottweiler – April 30, 2021 | A claims process with $11 million left over. Who gets the $11 million?

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Audio

Top Tips for Taking and Defending Remote Depositions

By Mason Farmani and Lindsay Breedlove - April 21, 2020 | Considering taking a remote deposition while working from home? Learn from Mason Farmani, CEO of Barkley Court Reporters, about the various virtual options, how to prepare, and avoiding technical snafus!

Tips for Selecting the Right Expert

By Angela Sabbe and Scott Carlton - January 29, 2020 | There's no Yelp for experts. In this Sound Advice, Angela Sabbe and Scott Carlton discuss tips for finding expert witnesses and considerations to evaluate when identifying the right expert for litigation matters.

Confronting the Question: Does BMS Apply to Class Actions?

By Adam Polk – January 24, 2020 | Adam Polk discuss the Supreme Court's 2017 BMS decision, subsequent district court decisions' application of the decision to the claims of absent class members, and two recent appellate courts who have been asked to decide: "Does BMS apply to class actions?"

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