In Mahon v. Ticor Title Ins. Co., No. 10-3005-cv, 2012 WL 2369194 (2nd Cir. June 25, 2012), the plaintiff brought a purported class action against her title insurer and a related title insurer, on behalf of herself and similarly situated individuals, but failed to allege that the related title insurer injured her . . . read more

The Second Circuit Affirms Summary Judgment after Analysis of Virginia Law Regarding Crossjurisdictional Tolling of the Statute of Limitations

July 3, 2012 12:05 PM | Posted by Glover, Anthony | Permalink

Casey v. Merck & Co., 653 F.3d 95, 100-01 (2d Cir. 2011), involved consolidated products liability actions brought by prescription drug users against a drug manufacturer. The plaintiffs asserted claims under Virginia law for strict liability, failure to warn, breach of express and implied warranty, and negligence in the design, testing, development, manufacture, labeling, marketing, distribution, and sale of drug. The defendant successfully moved for summary judgment … read more

Second Circuit Applies Concepcion to Arbitration Agreements

March 13, 2012 12:52 PM | Posted by Glover, Anthony | Permalink

In In re American Express Merchants' Litigation, No. 06-1871-cv, (2d Cir. Feb. 1, 2012) ("AMEX III"), the Second Circuit Court of Appeals held, for the third time, that a class action waiver in an arbitration agreement between American Express and plaintiffs was unenforceable because it would effectively preclude plaintiffs from seeking to vindicate their statutory rights under the Sherman and Clayton Acts.

Class Certification Remanded in Light of Dukes Decision

March 7, 2012 4:14 PM | Posted by Anthony Glover | Permalink

In Nationwide Life Ins. Co. v. Haddock, No. 10-4237-CV, 2012 WL 360633 (2d Cir. Feb. 6, 2012), the Second Circuit vacated an order of class certification and remanded the case back to the U.S. District Court for the District of Connecticut.

The Second Circuit Vacates The Dismissal Of A Class Action Suit For A Lack Of CAFA Jurisdiction.

February 2, 2012 12:34 PM | Posted by Glover, Anthony | Permalink

Bank v. Hydra Group LLC, 433 F. App'x 50 (2d Cir. 2011), involved a putative class action that claimed violations of the California Business & Professional Code related to the defendant’s unsolicited commercial e-mail advertisements.