The Supreme Court's 2013 decision in Atlantic Marine v. U.S. Dist. Ct. perhaps usefully resolved the issue of the appropriate procedural means for ascertaining the proper court where the parties' agreement includes a forum selection clause. However, the Court's decision was predicated on the...

Class actions have been a feature of the American litigation landscape for over 75 years. For most of this period, American-style class litigation was either unknown or resisted around the world. Notwithstanding this chilly reception abroad, American class litigation has always been a central...

During the 2015-16 term the Court continued its recent, robust interest in class action litigation, granting review in four class action appeals. This article analyzes the Court's decisions in Tyson Foods, Inc. v. Bouaphakeo, Campbell-Ewald Co. v. Gomez, DIRECTV, Inc. v. Imbrugia, and Spokeo v....

Throughout the twentieth century, virtually all European countries that had studied, evaluated, and considered the American class action procedural device for resolving aggregate claims had rejected implementation of the class action as a part of domestic law. In the early twenty-¬first...

Commentary and analysis of the Second Circuit's decision in UFCW Local 1776 and Participating Employers Health and Welfare Fund v. Eli Lilly and Co. (Sept. 10, 2010), reversing class certification approved by District Judge Jack Weinstein in class litigation based on alleged injuries resulting...

Commentary and analysis of the oral arguments in Mims v. Arrow Financial Services, on the Supreme Court's 2011-12 appellate docket. The Telephone Consumer Protection Act was enacted by Congress in 1991 to fill a gap in state consumer protection statutes relating to auto-dialing technology,...

Commentary and analysis of two pending cases on the Supreme Court's 2012-13 docket, Amgen v. Connecticut Retirement Plans and Trust Funds, and Comcast Corp. v. Behrend. Both cases present the Court with unanswered questions concerning class certification procedure and present the Court with...