In a case that has returned twice in three years because of fresh case law from the U.S. Supreme Court, the 2nd Circuit keeps coming up with the same answer: A class action waiver provision in American Express contracts with merchants is unenforceable under the Federal Arbitration Act.

It’s the medium, not the message, that did in Ropers Majeski partner Thomas Clarke Jr. A California appeal court has ruled that, by posting a YouTube video in which he solicited plaintiffs for a class action, Clarke opened himself up to a defamation suit and can’t use the state’s anti-SLAPP law to ward it off.

A New York federal judge has rejected Ernst & Young’s claims that an individual plaintiff is required to arbitrate her overtime claims individually instead of through a class action in the wake of the U.S. Supreme Court’s holding in AT&T Mobility LLC v. Concepcion.

A split 9th Circuit panel has decertified a nationwide false advertising class action against Honda’s U.S. subsidiary, ruling that California’s consumer protection law is too different from those in other states to permit class litigation.

In a decision appointing firms to lead a shareholder class action against Sino-Forest Corp., a judge in Ontario explored whether the Toronto firm Kim Orr should be disqualified from the bidding because of the firm’s prominent ties with Milberg.