Page 8 - Fourth Circuits News Today

To embed, copy and paste the code into your website or blog: On February 2, 2021, the United States Court of Appeals for the Eleventh Circuit issued a significant decision holding that a putative class representative does not need to establish an administratively feasible method to identify absent class members as a pre-requisite for class certification under Federal Rules of Civil Procedure 23 (Rule 23).  The case is Deepening a circuit split, the Eleventh Circuit joined the Second, Seventh,...

Can a plaintiff represent a class without showing that there’s a feasible way to identify the absent class members? In its recent decision in Cherry v. Dometic Corp., the Eleventh...

Ascertainability is an implied prerequisite of Federal Rule of Civil Procedure 23, which governs class actions. Class representatives bear the burden of establishing that their proposed...

To embed, copy and paste the code into your website or blog: The Eleventh Circuit has joined the Second, Sixth, Seventh, Eighth, and Ninth Circuits in rejecting administrative feasibility as a prerequisite for class certification. The decision reverses unpublished Eleventh Circuit authority and deepens a circuit split with the First, Third, and Fourth Circuits on the issue. In Cherry v. Dometic Corporation, 18 owners of gas-absorption refrigerators manufactured and sold by Dometic Corporation ...

In an opinion that deepens an existing circuit court split, the Eleventh Circuit recently held that the future risk of identity theft is not sufficient to establish Article III...

Robert Collier sued his hospital employer in district court, claiming he was subjected to a hostile work environment, and was fired in retaliation when he complained about it.  Collier’s evidence of hostile work environment, included: (1) the N-word had been scratched into the work elevator wall and remained there for months despite Collier’s complaints to human resources; (2) swastikas were drawn on a wall in the hospital and were not painted over for months; and (3) a nurse called him �...

Immigrants who have re-entered the U.S. after a prior deportation can secure asylum with proof of persecution, but federal law has conflicting rules on detaining these individuals. Immigrants seeking asylum walk at the ICE South Texas Family Residential Center, in Dilley, Texas, in 2019. (AP Photo/Eric Gay, File) WASHINGTON (CN) — Immigration attorneys voiced cautious optimism Monday after the Trump administration’s deportation procedures drew sharp questioning at Supreme Court oral argumen...

Introduction On December 7, 2020, parties and practitioners in international commercial arbitration came one step closer to resolving the threshold question of the applicability of 28 U.S.C. § 1782 to international commercial tribunals. Section 1782 is a distinctive procedural device which potentially allows an applicant who is a party to an international commercial arbitration to petition a U.S. federal district court with competent jurisdiction to order the disclosure of documentary or depo...