Procedural rules drive class action case law

Civil Procedure

Resh v. China Agritech Inc.

Plaintiffs, who were unnamed class members in prior would-be class actions, are not time-barred from bringing subsequent class action.

China Agritech Inc. v. Resh

Order

Arbitration

McGill v. Citibank N.A.

Arbitration agreement waiving right to pursue public injunctive relief violates California law and is not preempted by Federal Arbitration Act.

Civil Procedure

Microsoft Corp. v. Baker

Federal courts of appeal lacks jurisdiction to review order striking class allegations because plaintiffs' 'voluntary-dismissal' tactic does not amount to 'final decision.'

Brown v. Cinemark USA Inc.

Order

Consumer Law

Briseno v. ConAgra Foods Inc.

Federal Rule of Civil Procedure 23 does not impose freestanding administrative feasibility prerequisite to class certification.

Consumer Law

Noel v. Thrifty Payless, Inc.

To certify a class brought under Unfair Competition and False Advertising law, the means of identifying potential class members must be articulated and supported with evidence.

Contracts

AT&T Mobility LLC v. Concepcion

State law prohibiting arbitration of particular claim outright is preempted by Federal Arbitration Act.

Employment Law

Iskanian v. CLS Transportation Los Angeles LLC

Arbitration agreement that compels waiver of representative actions under Private Attorneys General Act is unenforceable as a matter of public policy.

Arbitration

Tanguilig v. Bloomingdale's Inc.

Bloomingdale's cannot compel arbitration of employee's individual PAGA claim where representative action waiver remains unenforceable under 'Iskanian.'