Page 14 - Fourth Circuits News Today : Breaking News, Live Updates & Top Stories | Vimarsana

To embed, copy and paste the code into your website or blog: A recent decision by the Ninth Circuit upholds the enforceability of forum-selection clauses in ERISA plans. The case, In re Becker v. United States Dist. Court, No. 20-72805, 2021 WL 1219745 (9th Cir. Apr. 1, 2021), is in line with evolving case law trending towards the enforceability of forum-selection clauses in ERISA plan documents. The Ninth Circuit joins the Sixth and Seventh Circuits in this regard, and district courts in other circuits such as the Third and Fourth Circuits have also followed suit, although their respective ...

To embed, copy and paste the code into your website or blog: On February 2, 2021, the Eleventh Circuit reversed the district court’s denial of class certification for failure to prove an administratively feasible method to identify absent class members. The Eleventh Circuit’s rejection of administrative feasibility as a prerequisite to certification under Federal Rule of Civil Procedure 23 has deepened a circuit split on the issue. In Cherry v. Dometic Corporation, the plaintiffs brought a putative class action on behalf of purchasers of allegedly defective gas-absorption refrigerators u...

Introduction When parties choose arbitration to resolve their IP disputes, there are certitudes to guide them on arbitration law and procedure, and how their case will be handled: the courts will help enforce their arbitration clause; an impartial tribunal will be selected to judge the case without a jury; and the final award will be widely enforceable in the signatory nations of the New York Convention. [2] But the details of what the particular procedure will be like are often not well known in advance, and in no area are these uncertainties greater than in the procedure the tribunal will a...

Eleventh Circuit Rejects Administrative Feasibility Requirement: What Does the Future Hold for Ascertainability? The Class Action Chronicle, courts have struggled to define the ascertainability requirement that is implicit in Rule 23 of the Federal Rules of Civil Procedure. Several courts, including the U.S. Courts of Appeals for the First, Third and Fourth Circuits, have required proof of administrative feasibility — i.e., that the identification of class members will be a manageable process that does not require significant individual inquiry — as a prerequisite to class certification....

To embed, copy and paste the code into your website or blog: Takeaway: Administrative feasibility is not a prerequisite for class certification in the Eleventh Circuit, although it remains a relevant consideration under Federal Rule of Civil Procedure 23(b)(3)’s manageability factor. Manageability challenges, however, rarely prevent certification. There is a deep circuit split on this issue, with the Third, First, and Fourth Circuits applying a heightened standard for ascertainability that requires a class representative to propose an administratively feasible method of ascertaining class m...