PRACTITIONER BLOG
Read our analyses of developments in Impact Litigation and stay current on class action law
Southwest flies into trouble as SCOTUS holds transportation workers exempt from Federal Arbitration Act
For decades, conventional wisdom favored an expansive, business-friendly interpretation of the Federal Arbitration Act of 1925—one that has made it easier for corporations to force workers and consumers into arbitration. But this term, in Southwest Airlines v. Saxon, the Supreme Court took a different approach. Following argument by our colleague Jennifer Bennett, the Court zeroed in on the text of the FAA—specifically, how that text would have been understood when the statute was passed in 1925—and recognized an important limitation on what types of workers can be forced into arbitration.
Unanimous SCOTUS decision in Ford case a big win for consumers, clarifies doctrine of personal jurisdiction
The Supreme Court’s recent 8-0 decision in Ford Motor v. Montana Eighth Judicial District Court, No. 19-368 (U.S.S.C. March 25, 2021), on personal jurisdiction is a feast for those who love civil procedure and a victory for consumers. The case is about whether state courts can exercise specific personal jurisdiction over a corporate defendant in individual personal injury actions and was an effort by a global corporate defendant to push Bristol-Myers still further in the direction of limiting the forums in which victims of corporate malfeasance may sue defendants. In this case, Ford got no traction from any of the justices even those who were in the majority in Bristol-Myers.
A Big Year for Class Actions in SCOTUS (2016 Term Review)
The Supreme Court docket this past term had class action practitioners holding their breath. Over the last five years, the Court has limited access to class actions in cases including Wal-Mart Stores, Inc. v. Dukes, AT&T Mobility LLC v. Concepcion, and American Express Co. v. Italian Colors Restaurant. This term, the Court took on an unprecedented four class action cases. The outcome is fascinating and has many ramifications for the ability of class actions to serve as a vehicle for groups of people—including workers, minorities, and consumers—to hold corporations and the government accountable.