Wednesday, March 27, 2013

Bryan Schwartz Discusses Standard Fire v. Knowles Decision

The Lawyers USA news service relied upon several viewpoints expressed by Bryan Schwartz Law's principal in its discussion of the U.S. Supreme Court's recent Standard Fire v. Knowles decision.

The article is reprinted here.

Bryan Schwartz also expressed the view, not captured in the article, that the impact of the particular decision will be very limited, since few plaintiffs' lawyers use the device of a stipulation to a less-than-$5M claim to avoid federal court jurisdiction, raising the query as to why the Supreme Court felt the need to address the question. Schwartz conveyed, however, that some inherent contradictions arise with the defense bar's view (embraced by the Supreme Court) that fathoms expansive class actions for the purpose of seeking federal court jurisdiction, but then seeks to break a class into smithereens by using the notion of an arbitration class waiver, as articulated in ATT Mobility v. Concepcion.

No comments:

Post a Comment