A Class Act Term?: The Supreme Court and Class Actions

Arthur R. Miller

University Professor, NYU School of Law
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Jonathan D. Selbin

Partner, Lieff Cabraser Heimann & Bernstein, LLP
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Katherine Armstrong

Counsel at Quinn Emanuel
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John H. Beisner

Partner, Skadden, Arps, Slate, Meagher & Flom LLP
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Cyrus Mehri

Founding Partner, Mehri & Skalet, PLLC
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Jonathan Shub

Partner, SeegerWeiss LLP
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Arthur H. Bryant

Executive Director, Public Justice
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Andrew J. Pincus

Partner, Mayer Brown LLP; Member, ACS Board of Directors
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Suzette M. Malveaux

Associate Dean for Academic Affairs and Professor of Law,Columbus School of Law at The Catholic University of America
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John Vail

Vice President and Senior Litigation Counsel, Center for Constitutional Litigation
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Barry A. Weprin

Partner, Milberg LLP
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The Court considered several class action cases this Term. Its docket included Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, Comcast v. Behrend, Genesis HealthCare Corp. v. Symczyk, and American Express Co. v. Italian Colors Restaurant. Have the Court’s decisions in these cases been consistent with the precedents established in Wal-Mart v. Dukes and AT&T v. Concepcion? Should employees, consumers, investors, and others be concerned that their ability to pursue class action litigation has been limited? Or, on the other hand, has the Court demonstrated through its decisions that such concerns are unwarranted? As the 2012-2013 Term comes to a close, this panel will consider the current state of class action litigation and mandatory arbitration and explore the impact ofWal-Mart and AT&T in the lower courts.