The U.S. Supreme Court has chipped away at class actions, making them both harder to qualify for class treatment and easier prey to clauses that bar class actions in court or in arbitration. For many years, thanks largely to rulings by the California Supreme Court, the Ninth Circuit swam against the tide. But more recently it seemed to weary of the effort. This week it showed signs of catching a new wind.
I’ll talk about the decision — Sakkab v. Luxxotica Retail N. Am., Inc., No. 13-55184 (9th Cir. Sept. 28, 2015) — in my next post.