ILNews

Federal Bar Update: Supreme Court takes rare steps on procedural decisions

Back to TopCommentsE-mailPrintBookmark and Share

FedBarMaley-sigWith its limited docket, the U.S. Supreme Court rarely decides procedural issues, focusing instead on weighty constitutional issues or resolving split interpretations of federal statutes. This term, however, the Supreme Court has addressed several procedural issues.

Class actions – In Standard Fire Ins. Co. v. Knowles, (March 19, 2013), plaintiff brought a class action in state court and stipulated not seeking more than $5 million. Defendant removed asserting diversity and that the amount in controversy met the $5 million threshold under the Class Action Fairness Act. The District Court remanded based on plaintiff’s stipulation as to damages.

The Supreme Court reversed, holding that plaintiffs bringing class actions cannot escape federal jurisdiction by promising to seek less than $5 million in damages. The court – in interpreting the Class Action Fairness Act – ruled that a plaintiff has no power to bind other class members.

In Amgen v. Connecticut Retirement Plans & Trust, (Feb. 27, 2013), the court ruled in a securities 10(b)(5) action that while plaintiff “certainly must prove materiality to prevail on the merits, we hold that such proof is not a prerequisite to class certification.” The court explained, “Rule 23(b)(3) requires a showing that questions common to the class predominate, not that those questions will be answered, on the merits, in favor of the class.”

By contrast, in Comcast Corp. v. Behrend, (March 27, 2013), the court ruled that class certification was improperly certified in the antitrust case. The lower court needed to decide whether the named plaintiffs’ proposed damages model could show damages on a class-wide basis. That this issue intertwined with the merits did not matter.

The court explained: “A party seeking to maintain a class action must be prepared to show that Rule 23(a)’s numerosity, commonality, typicality, and adequacy-of-representation requirements have been met, and must satisfy through evidentiary proof at least one of Rule 23(b)’s provisions. Courts may have to ‘probe behind the pleadings before coming to rest on the certification question,’ and [a] certification is proper only if ‘the trial court is satisfied, after a rigorous analysis, that [Rule 23’s] prerequisites …have been satisfied.’”

Collective FLSA action – In Genesis Healthcare Corp. v. Symczyk, (April 16, 2013), the underlying case was an FLSA suit on behalf of plaintiff and other “similarly situated” employees. Defendant made an offer of judgment to plaintiff for the full amount of plaintiff’s claim. No other claimants had opted in.

The Supreme Court held that the District Court lacked subject-matter jurisdiction when named plaintiff’s claim became moot by the full Rule 68 offer of judgment and no other claimant had opted in. The court noted that the plaintiff did not challenge mootness, and also noted differences between FLSA collective actions and class actions.

Increased filing fee Effective May 1, civil filing fees increased to $400 for filing a new civil action.

Updated benchbook for U.S. District judges – The 6th edition of this benchbook, published by the Federal Judicial Center, is publicly available as a pdf at: www.fjc.gov. Search in publications for “benchbook.”

Save the date – The annual Federal Civil Practice 3-hour CLE seminar will be Thursday, Dec. 19 from 1:30 – 4:45 p.m. in Indianapolis.

Run with other attorneysThe 5th annual Joseph Maley Foundation 5k Run, Walk, Roll is set for 9 a.m. July 13 at Eagle Creek Park in Indianapolis. This event is well attended by area attorneys. To register or sponsor, see www.josephmaley.org.•

__________

John Maley – jmaley@btlaw.com – is a partner with Barnes & Thornburg LLP, practicing federal and state litigation, employment matters and appeals. The opinions expressed are those of the author.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

ADVERTISEMENT