Tag Archives: D.C. Circuit

Eighth Circuit Holds that a Plaintiff who Settles Individual Claims Lacks Standing to Challenge Denial of Class Certification

By Kevin Ranlett on May 14, 2013 Posted in Appeals, Class Certification

Here’s a common scenario: After unsuccessfully moving for class certification and having a petition for review under Federal Rule of Civil Procedure 23(f) rebuffed, the plaintiff wants to take another shot at an appeal. Can the plaintiff simply settle his individual claims—subject to his right to appeal the denial of class certification—so that he has a… Continue Reading

DC Circuit Invalidates NLRB Recess Appointments, Undermining Many NLRB and Consumer Financial Protection Bureau Decisions

By Andrew J. Pincus on January 30, 2013 Posted in Employment

On January 25, 2013, the D.C. Circuit held in Noel Canning v. NLRB (pdf) that President Obama’s three recess appointments last year to the NLRB are unconstitutional. The decision casts a shadow over every action taken by the NLRB since those appointments were made on January 4, 2012. Moreover, because Richard Cordray received a recess appointment to… Continue Reading