Author: Stephen Feldman

On Class-Action Remedies, Begin with the End in Mind

Think about the last class-action notice that you received. You might have thought, “This is sweet. I didn’t know anything was wrong with my dog food, but I can get $50 if I just fill out this form.” There is a reason that we receive these mailings without having made a claim or knowing that […]

Alleging Classwide Racial Discrimination Can Be Uber-Challenging

If you’re an Uber rider, you’re probably familiar with Uber’s requests that you rate your driver. It’s a five-star rating system. Five is the best. One is the worst. As it turns out, those ratings are vitally important to Uber drivers. Uber requires its drivers to maintain a minimum star rating. This post is about […]

What should be required to show that a party waived its right to arbitrate?

This post concerns a recurring topic in class-action practice: how a party—through its own litigation conduct—can waive its right to arbitrate. The topic warrants attention, or at least came to our attention, because of a recent decision from a federal appellate court. The case, called Morgan v. Sundance, Inc., is a putative nationwide collective action […]