Category: U.S. Supreme Court
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SCOTUS Declines Consideration of Circuit Split on Class Action Administrative Feasibility Requirement
The U.S. Supreme Court has denied a petition for a writ of certiorari asking the court to resolve a split among circuit courts on the question of whether putative class action plaintiffs must propose an administratively feasible method to identify potential class members. Conagra Brands, Inc. v. Briseno, No. 16-1221 (U.S., denial entered October 10,…
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SCOTUS Denies Certiorari in Egg Cases
The U.S. Supreme Court has denied certiorari in a six-state coalition’s attempt to block enforcement of a California law requiring egg-production facilities to provide hens enough space to extend their limbs and turn around. Missouri v. Becerra, No. 16-1015 (U.S., denial of certiorari entered May 30, 2017). The rule affects private egg producers within each…
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SCOTUS Denies Cert. in POM Wonderful Health Claims Case
The U.S. Supreme Court has denied certiorari in a Federal Trade Commission (FTC) lawsuit against POM Wonderful LLC and Roll Global LLC alleging the companies made false or misleading health claims about their pomegranate-derived products. POM Wonderful LLC v. FTC, No. 15-525 (U.S., certiorari denied May 2, 2016). The U.S. Court of Appeals for the…
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Cruz-Alvarez, Canfield Analyze SCOTUS Ruling in Tyson Foods, Inc. v. Bouaphakeo
“The U.S. Supreme Court recently deviated from its historically stringent view on class certification and affirmed an Eighth Circuit decision to uphold certification of a class of Tyson Foods, Inc. employees who brought suit against Tyson for a violation of the Fair Labor Standards Act of 1938 (FLSA),” Shook Miami attorneys Frank Cruz-Alvarez and Rachel…
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Cruz-Alvarez and Canfield Contemplate Class Actions Post-Scalia
In an article for the Washington Legal Foundation’s Legal Pulse, Shook Partner Frank Cruz-Alvarez and Associate Rachel Canfield discuss the future of class actions in light of the passing of U.S. Supreme Court Justice Antonin Scalia. “In the specific area of class-action litigation, Justice Scalia repeatedly thwarted the plaintiffs’ bar’s efforts to encourage liberal interpretation…
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SCOTUS Decides Class-Action Settlement Offer Issue
The U.S. Supreme Court has held that a class action can continue after the defendant offers the lead plaintiff everything requested and the plaintiff rejects the offer. Campbell-Ewald Co. v. Jose Gomez, No. 14-857 (U.S., order entered January 20, 2016). The claim at issue stemmed from an alleged violation of the Telephone Consumer Protection Act…
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Havelka and Settles Summarize Oral Arguments in SCOTUS Raisins Taking Case
In a May 8, 2015, Law360 article titled “For High Court, 2 Scoops of Raisins In This Case,” Shook, Hardy & Bacon Partner Ann Peper Havelka and Associate Jara Settles provide an overview of the arguments in a U.S. Supreme Court case challenging the U.S. Department of Agriculture’s program requiring raisin farmers to set aside…
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SCOTUS Hears Oral Arguments About USDA Raisin Program
The U.S. Supreme Court has heard arguments in a case brought by raisin farmers against the U.S. Department of Agriculture (USDA) alleging that a federal program requiring a portion of the yield to be set aside amounted to a taking of their property, thus requiring just compensation. Horne v. USDA, No. 14-275 (U.S., oral arguments heard…