25
Jun

In this era of tightening federal budgets and periodic government shutdowns, there can be no guarantee that any particular federal courthouse will be open for business—or even in existence—at the time an agreement spawns litigation. Under a recent Ninth Circuit decision, such a closure could be more than inconvenient: it could cut off a party’s bargained-for access to federal court. In a matter of first impression, the U.S. Court of Appeals for the Ninth Circuit recently held that a venue-selection clause ...

09
Oct

A waiver of the right to bring a class action is enforceable as part of an arbitration agreement, and a state law rule to the contrary is preempted by the Federal Arbitration Act, 9 U.S.C. §1, et seq.[1] The FAA does not, however, preclude a rule barring contractual waiver of a representative action that does not use a class procedure, according to a recent decision by the Ninth Circuit, Sakkab v. Luxottica Retail North America, Inc.[2] In ...

02
Oct

Earlier this summer, our blog discussed a recent Ninth Circuit decision in which the court appeared to take a more liberal approach to removal jurisdiction under the Class Action Fairness Act (“CAFA”). Recently, the Ninth Circuit focused on the purpose of CAFA’s local-controversy exception to reinforce a key yet narrow limit on federal jurisdiction under CAFA.[1] Congress enacted CAFA in 2005 to curb perceived abuses of the class-action device by vesting federal courts with ...