As discussed in a prior article, the Ohio Supreme Court recently considered four jurisdictional memoranda raising fundamental challenges to class action law in Ohio. The Court has now made its jurisdictional decisions in each case.
Sixth Circuit vacates class certification based on preclusion, interprets Wal-Mart
Following the Supreme Court's decision in AT&T Mobility, Inc. v. Concepcion, 113 S. Ct. 1740 (2011), it seemed clear that states possessed little power to limit the enforcement of arbitration provisions and class action waivers in consumer contracts.
Enforcing the U.S. Supreme Court's recent decision in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), the Northern District of Ohio recently dismissed all class/collective claims in an FLSA class action—enforcing the arbitration provisions of the parties’ employment agreement. This decision is an important victory for ...
An analysis of the first case from the Sixth Circuit to expressly address the fail-safe class, which is defined as a class that requires a decision on the merits of a claim in order to determine who is within the class.