More on SCOTUS’ 5-4 Holding in Home Depot that Third-Party Counterclaim Defendants Can’t Remove a Class Action
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As promised, here’s a more detailed analysis of the Supreme Court’s Home Depot decision that the term “defendant,” as used in the general removal statute and in the class action removal statute,

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An Ideologically Divided SCOTUS Holds 5-4 in Lamps Plus that Class Arbitration Takes Place Only Where the Parties Expressly Provide for It
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In the final arbitration-centric decision of the Term, the Supreme Court on April 24 held 5-4 in Varela v. Lamps Plus, Inc.,

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Class Certification Granted on TD Ameritrade’s Order Routing Policies: Klein v. TD Ameritrade
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By Jeremy Root

In assessing best execution on a systemic basis, the individual trading strategies of the brokerage firm’s customers are not relevant and the damages caused by the alleged failure to provide best execution may be,

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Comment Period Closes on CFPB’s Proposed Ban on Class Action Waivers: Where To Begin?
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The comment period for the Consumer Financial Protection Bureau’s (“CFPB”) proposed rule banning class action waivers closed on August 22nd with a massive number of comments.

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California Supreme Court Holds – Barely – That Issue of Class Arbitration is for the Arbitrators, not the Court
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A sharply divided California Supreme Court holds that the question of whether an arbitration agreement allows class-wide arbitration should be decided by the arbitrators,

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Surprise, Surprise! CFPB to Propose Arbitration Regs that Look Very Similar to FINRA’s Arbitration Program (and the Mets are in the Postseason)
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By George H. Friedman*

For most of my fourteen years as FINRA’s Director of Arbitration, I perceived myself to be tilting at windmills trying to make the case that FINRA’s arbitration program was the fairest consumer arbitration program is existence.

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