Richard D. Freer is Robert Howell Hall Professor of Law at Emory University School of Law. http://law.emory.edu/news-and-events/tags/faculty-feeds/freer.html Sat, 02 Apr 2022 22:35:46 EDT Sat, 02 Apr 2022 22:35:46 EDT Richard D. Freer is Robert Howell Hall Professor of Law at Emory University School of Law. urn:uuid:93de091e0ae7209864aeb97c0a48440e Copyright Emory University - School of Law The class action is a procedural device that allows many claimants to aggregate their claims in a single case. It is an important tool for private enforcement of the law, particularly in cases involving “negative value” claims: claims so small that no one would assert them individually. Many consumer claims fall into this category. As Judge Posner famously said, “only a lunatic or a fanatic sues for $30.” Without the class action, such claims would not be asserted, which would thwart both the compensatory and deterrent goals of consumer protection laws. http://law.emory.edu/news-and-events/releases/2021/07/scotus-freer-transunion-v-ramirez.html e46d27db0ae720986e003337d13c3d1f Mon, 26 Jul 2021 00:00:00 EDT Richard D. Freer urn:uuid:e46d27db0ae720986e003337d13c3d1f The class action is a procedural device that allows many claimants to aggregate their claims in a single case. It is an important tool for private enforcement of the law, particularly in cases involving “negative value” claims: claims so small that no one would assert them individually. Many consumer claims fall into this category. As Judge Posner famously said, “only a lunatic or a fanatic sues for $30.” Without the class action, such claims would not be asserted, which would thwart both the compensatory and deterrent goals of consumer protection laws. 2021-07-26T12:0:00-04:00 SCOTUS Analysis: TransUnion and no-injury class action The class action is a procedural device that allows many claimants to aggregate their claims in a single case. It is an important tool for private enforcement of the law, particularly in cases involving “negative value” claims: claims so small that no one would assert them individually. Many consumer claims fall into this category. As Judge Posner famously said, “only a lunatic or a fanatic sues for $30.” Without the class action, such claims would not be asserted, which would thwart both the compensatory and deterrent goals of consumer protection laws. Emory University - School of Law The ultimate impact of Ford, then, is unclear. Despite unanimity on the result, the Court did not speak with one voice. http://law.emory.edu/news-and-events/releases/2021/04/scouts-analysis-ford-motor-company-v.-montana-eighth-judicial-district-court.html ebdc7ff60ae720982526cb978faa133d Mon, 19 Apr 2021 00:00:00 EDT Professor Richard D. Freer urn:uuid:ebdc7ff60ae720982526cb978faa133d The ultimate impact of Ford, then, is unclear. Despite unanimity on the result, the Court did not speak with one voice. 2021-04-19T12:0:00-04:00 SCOTUS Analysis: Ford Motor Co. and personal jurisdiction The ultimate impact of Ford, then, is unclear. Despite unanimity on the result, the Court did not speak with one voice. Emory University - School of Law Professor Richard Freer discusses his career and passion for helping students reach their potential. https://legaltalknetwork.com/podcasts/aba-law-student-podcast/ 7aa53dfc0ae72098502fb0ddadadafc6 Thu, 07 May 2020 00:00:00 EDT Richard D. Freer rfreer@emory.edu urn:uuid:7aa53dfc0ae72098502fb0ddadadafc6 Professor Richard Freer discusses his career and passion for helping students reach their potential. 2020-05-07T12:0:00-04:00 Richard Freer: Insights on Bar Review and Civil Procedure Professor Richard Freer discusses his career and passion for helping students reach their potential. Emory University School of Law It is becoming a tradition: each year, we seem to get another 5-4 Supreme Court decision enforcing arbitration that requires individual, and forbids aggregate, resolution of claims. This year's case is Lamps Plus, Inc. v. Varela, 139 S. Ct. 1407 (April 24, 2019). Neither the result nor the 5-4 split surprised anyone. http://law.emory.edu/news-and-events/releases/2019/07/2019-07-17-SCOTUS-Freer-Lamps-Plus-v-Varela.html 93de87530ae7209864aeb97c47c2659b Wed, 17 Jul 2019 00:00:00 EDT Richard D. Freer urn:uuid:93de87530ae7209864aeb97c47c2659b It is becoming a tradition: each year, we seem to get another 5-4 Supreme Court decision enforcing arbitration that requires individual, and forbids aggregate, resolution of claims. This year's case is Lamps Plus, Inc. v. Varela, 139 S. Ct. 1407 (April 24, 2019). Neither the result nor the 5-4 split surprised anyone. 2019-07-17T12:0:00-04:00 SCOTUS Analysis: Lamps Plus Inc. v. Varela It is becoming a tradition: each year, we seem to get another 5-4 Supreme Court decision enforcing arbitration that requires individual, and forbids aggregate, resolution of claims. This year's case is Lamps Plus, Inc. v. Varela, 139 S. Ct. 1407 (April 24, 2019). Neither the result nor the 5-4 split surprised anyone. Emory University - School of Law Not all Supreme Court arbitration decisions feature strident 5-4 splits of opinion. Such contentious cases, like Lamps Plus this year (see separate analysis), deal with requirements that claimants pursue their claims alone, rather than en masse. When it comes to arbitration procedure, however, the court generated unanimous opinions in New Prime Inc. v. Oliveira, 139 S. Ct. 532 (2019) and Henry Schein, Inc. v. Archer & White Sales, 139 S. Ct. 524 (2019). http://law.emory.edu/news-and-events/releases/2019/07/2019-07-17-SCOTUS-Freer-Schein-new-prime.html 93de88c30ae7209864aeb97c8e62be7b Wed, 17 Jul 2019 00:00:00 EDT Richard D. Freer rfreer@emory.edu urn:uuid:93de88c30ae7209864aeb97c8e62be7b Not all Supreme Court arbitration decisions feature strident 5-4 splits of opinion. Such contentious cases, like Lamps Plus this year (see separate analysis), deal with requirements that claimants pursue their claims alone, rather than en masse. When it comes to arbitration procedure, however, the court generated unanimous opinions in New Prime Inc. v. Oliveira, 139 S. Ct. 532 (2019) and Henry Schein, Inc. v. Archer & White Sales, 139 S. Ct. 524 (2019). 2019-07-17T12:0:00-04:00 SCOTUS Analysis: Schein and New Prime Not all Supreme Court arbitration decisions feature strident 5-4 splits of opinion. Such contentious cases, like Lamps Plus this year (see separate analysis), deal with requirements that claimants pursue their claims alone, rather than en masse. When it comes to arbitration procedure, however, the court generated unanimous opinions in New Prime Inc. v. Oliveira, 139 S. Ct. 532 (2019) and Henry Schein, Inc. v. Archer & White Sales, 139 S. Ct. 524 (2019). Emory University - School of Law In Epic Systems Corp. v. Lewis, decided on May 21, the Supreme Court continued its steady march of enforcing adhesion clauses that require individual (and forbid aggregate) arbitration. Again, the court split 5-to-4, and there is a vigorous dissent. The majority aptly refers to the "mountain of precedent" under the Federal Arbitration Act (FAA) that thwarts the dissent. Epic Systems must be seen in the context of that "mountain." http://law.emory.edu/news-and-events/releases/2018/07/2018-07-16-freer-scotus-Epic-Systems-Corp-v-Lewis.html 93df47d50ae7209864aeb97c597eef02 Mon, 16 Jul 2018 00:00:00 EDT Richard D. Freer rfreer@emory.edu urn:uuid:93df47d50ae7209864aeb97c597eef02 In Epic Systems Corp. v. Lewis, decided on May 21, the Supreme Court continued its steady march of enforcing adhesion clauses that require individual (and forbid aggregate) arbitration. Again, the court split 5-to-4, and there is a vigorous dissent. The majority aptly refers to the "mountain of precedent" under the Federal Arbitration Act (FAA) that thwarts the dissent. Epic Systems must be seen in the context of that "mountain." 2018-07-16T12:0:00-04:00 Analysis: Epic Systems Corp. v. Lewis In Epic Systems Corp. v. Lewis, decided on May 21, the Supreme Court continued its steady march of enforcing adhesion clauses that require individual (and forbid aggregate) arbitration. Again, the court split 5-to-4, and there is a vigorous dissent. The majority aptly refers to the "mountain of precedent" under the Federal Arbitration Act (FAA) that thwarts the dissent. Epic Systems must be seen in the context of that "mountain." Emory University - School of Law In its most recent term, the Supreme Court gave uncommon attention to general personal jurisdiction. In two decisions, the court doubled down on a restrictive conception of that doctrine. http://law.emory.edu/news-and-events/releases/2017/07/freer-bnsf-railway-co-v-tyrrell-bristol-myers-squibb-v-superior-court.html 93e01ad80ae7209864aeb97c0418d557 Wed, 19 Jul 2017 00:00:00 EDT urn:uuid:93e01ad80ae7209864aeb97c0418d557 In its most recent term, the Supreme Court gave uncommon attention to general personal jurisdiction. In two decisions, the court doubled down on a restrictive conception of that doctrine. 2017-07-19T12:0:00-04:00 Analysis: BNSF Railway Co. v. Tyrrell, Bristol-Myers Squibb v. Superior Court In its most recent term, the Supreme Court gave uncommon attention to general personal jurisdiction. In two decisions, the court doubled down on a restrictive conception of that doctrine. Emory University - School of Law Richard Freer has been named Charles Howard Candler Professor. Michael Kang has been named Thomas Simmons Professor. Jonathan Nash has been named Robert Howell Hall Professor. Polly Price has been named Asa Griggs Candler Professor. Teemu Ruskola has been named Jonas Robitscher Professor. http://law.emory.edu/news-and-events/releases/2017/05/trustees-approve-new-named-professorships-freer-kang-nash-price-ruskola-bagley.html 93dff8000ae7209864aeb97c3203a201 Sat, 20 May 2017 00:00:00 EDT Emory University School of Law lawcommuncations@emory.edu urn:uuid:93dff8000ae7209864aeb97c3203a201 Richard Freer has been named Charles Howard Candler Professor. Michael Kang has been named Thomas Simmons Professor. Jonathan Nash has been named Robert Howell Hall Professor. Polly Price has been named Asa Griggs Candler Professor. Teemu Ruskola has been named Jonas Robitscher Professor. 2017-05-20T12:0:00-04:00 Faculty members honored with named professorships Richard Freer has been named Charles Howard Candler Professor. Michael Kang has been named Thomas Simmons Professor. Jonathan Nash has been named Robert Howell Hall Professor. Polly Price has been named Asa Griggs Candler Professor. Teemu Ruskola has been named Jonas Robitscher Professor. Emory University - School of Law The father of a 6-year-old whose skull was shattered by a foul ball at Turner Field in 2010 has amended his lawsuit to include Major League Baseball as a defendant. The suit originally claimed the Atlanta Braves were at fault for not extending netting farther into foul-ball territory. Now, the father says MLB should turn over results from its investigations of players for performance-enhancing drugs, that allow players to hit harder, faster balls. Professor Richard Freer commented on the case. http://www.myajc.com/news/news/local/foul-ball-litigation-turns-focus-to-mlb-steroid-us/npfRF/ 93e5af4b0ae7209864aeb97cbcf3d22a Tue, 08 Dec 2015 00:00:00 EST Bill Rankin urn:uuid:93e5af4b0ae7209864aeb97cbcf3d22a The father of a 6-year-old whose skull was shattered by a foul ball at Turner Field in 2010 has amended his lawsuit to include Major League Baseball as a defendant. The suit originally claimed the Atlanta Braves were at fault for not extending netting farther into foul-ball territory. Now, the father says MLB should turn over results from its investigations of players for performance-enhancing drugs, that allow players to hit harder, faster balls. Professor Richard Freer commented on the case. 2015-12-08T12:0:00-05:00 Freer comments on MLB lawsuit involving 6-year-old hit by foul ball The father of a 6-year-old whose skull was shattered by a foul ball at Turner Field in 2010 has amended his lawsuit to include Major League Baseball as a defendant. The suit originally claimed the Atlanta Braves were at fault for not extending netting farther into foul-ball territory. Now, the father says MLB should turn over results from its investigations of players for performance-enhancing drugs, that allow players to hit harder, faster balls. Professor Richard Freer commented on the case. Emory University School of Law Speakers at a symposium targeted tort reform and contracts requiring arbitration as evidence that "war" was being waged against the United States civil justice system. The panelists at the Pound Symposium, held Oct. 15 at Emory Law, did debate whether the word "war" was appropriate, according to a Daily Report story. http://www.dailyreportonline.com/id=1202740060294/Professors-Decry-Tort-Reform-and-Mandatory-Arbitration-at-Event-on-Civil-Justice-War 93e5a4850ae7209864aeb97c53275954 Fri, 16 Oct 2015 00:00:00 EDT Greg Land urn:uuid:93e5a4850ae7209864aeb97c53275954 Speakers at a symposium targeted tort reform and contracts requiring arbitration as evidence that "war" was being waged against the United States civil justice system. The panelists at the Pound Symposium, held Oct. 15 at Emory Law, did debate whether the word "war" was appropriate, according to a Daily Report story. 2015-10-16T12:0:00-04:00 Pound Symposium experts discuss rise of arbitration, decline in civil trials Speakers at a symposium targeted tort reform and contracts requiring arbitration as evidence that "war" was being waged against the United States civil justice system. The panelists at the Pound Symposium, held Oct. 15 at Emory Law, did debate whether the word "war" was appropriate, according to a Daily Report story. Emory University School of Law Plaintiffs suing General Motors claiming the carmaker covered up evidence of a faulty ignition switch they blame for their daughter's death want GM's lawyers at King & Spalding to hand over confidential internal notes and memos about the case. King & Spalding will fight back, says Emory Law professor Richard Freer. "The attorney-client privilege is sacrosanct," he said. If a judge—as a representative of the government—were to grant the motion to compel King & Spalding to produce its communication with its client or among its lawyers, the action could have far-reaching effects not only on the legal world but on privacy in general, Freer said. http://www.dailyreportonline.com/id=1202678263586/Plaintiffs-in-GM-Ignition-Switch-Case-Seek-Internal-King-amp-Spalding-Documents?slreturn=20141108111336 93e4defc0ae7209864aeb97c80bfeb2e Fri, 05 Dec 2014 01:00:00 EST Richard D. Freer rfreer@emory.edu urn:uuid:93e4defc0ae7209864aeb97c80bfeb2e Plaintiffs suing General Motors claiming the carmaker covered up evidence of a faulty ignition switch they blame for their daughter's death want GM's lawyers at King & Spalding to hand over confidential internal notes and memos about the case. King & Spalding will fight back, says Emory Law professor Richard Freer. "The attorney-client privilege is sacrosanct," he said. If a judge—as a representative of the government—were to grant the motion to compel King & Spalding to produce its communication with its client or among its lawyers, the action could have far-reaching effects not only on the legal world but on privacy in general, Freer said. 2014-12-05T1:0:00-05:00 Freer: Request for internal GM documents violates "sacrosanct" attorney-client privilege Plaintiffs suing General Motors claiming the carmaker covered up evidence of a faulty ignition switch they blame for their daughter's death want GM's lawyers at King & Spalding to hand over confidential internal notes and memos about the case. King & Spalding will fight back, says Emory Law professor Richard Freer. "The attorney-client privilege is sacrosanct," he said. If a judge—as a representative of the government—were to grant the motion to compel King & Spalding to produce its communication with its client or among its lawyers, the action could have far-reaching effects not only on the legal world but on privacy in general, Freer said. Emory University School of Law "For generations, based upon International Shoe (1945), no one doubted that general jurisdiction is appropriate when a corporation engages in 'continuous and systematic' activities in a given state," Richard Howell Hall Professor of Law Richard D. Freer writes in a Sept. 15 op-ed article for the San Francisco Daily Journal. "Things are different now. In Goodyear Dunlop Tires Operations, S.A. v. Brown (2011) and Daimler AG v. Bauman (2014), the U.S. Supreme Court recast general jurisdiction. Now general jurisdiction is proper only where the defendant is 'at home.'" (Subscription required) https://www.dailyjournal.com 93e4bed00ae7209864aeb97c98e4dd72 Mon, 15 Sep 2014 00:00:00 EDT Richard D. Freer rfreer@emory.edu urn:uuid:93e4bed00ae7209864aeb97c98e4dd72 "For generations, based upon International Shoe (1945), no one doubted that general jurisdiction is appropriate when a corporation engages in 'continuous and systematic' activities in a given state," Richard Howell Hall Professor of Law Richard D. Freer writes in a Sept. 15 op-ed article for the San Francisco Daily Journal. "Things are different now. In Goodyear Dunlop Tires Operations, S.A. v. Brown (2011) and Daimler AG v. Bauman (2014), the U.S. Supreme Court recast general jurisdiction. Now general jurisdiction is proper only where the defendant is 'at home.'" (Subscription required) 2014-09-15T12:0:00-04:00 Freer's "The new reach of general jurisdiction" published in San Francisco Daily Journal "For generations, based upon International Shoe (1945), no one doubted that general jurisdiction is appropriate when a corporation engages in 'continuous and systematic' activities in a given state," Richard Howell Hall Professor of Law Richard D. Freer writes in a Sept. 15 op-ed article for the San Francisco Daily Journal. "Things are different now. In Goodyear Dunlop Tires Operations, S.A. v. Brown (2011) and Daimler AG v. Bauman (2014), the U.S. Supreme Court recast general jurisdiction. Now general jurisdiction is proper only where the defendant is 'at home.'" (Subscription required) Emory University School of Law In American Express Corp v. Italian Colors last term, the Court ruled that class action waivers are enforceable even when they render it functionally impossible for plaintiffs to vindicate their rights under federal law. http://www.acslaw.org/acsblog/rich-freer-on-mandatory-arbitration-and-class-action-waivers 93e518130ae7209864aeb97c47548c2e Mon, 25 Nov 2013 00:00:00 EST Lara Schwartz urn:uuid:93e518130ae7209864aeb97c47548c2e Almost under the radar, the U.S. Supreme Court has been chipping away at the process that enables the American people to seek redress in court when injured. In particular, the court's decisions enforcing arbitration clauses and class action waivers have closed the courthouse door to litigants harmed by corporate wrongdoing. In American Express Corp v. Italian Colors, the Court ruled that class action waivers are enforceable even when they render it functionally impossible for plaintiffs to vindicate their rights under federal law. 2013-11-25T12:0:00-05:00 Freer on mandatory arbitration and class action waivers In American Express Corp v. Italian Colors last term, the Court ruled that class action waivers are enforceable even when they render it functionally impossible for plaintiffs to vindicate their rights under federal law. Emory University School of Law Dozens have sued the New England Compounding Center linked to the deadly fungal meningitis outbreak. Meningistis victims consider suing pharmacy over tainted shots. Professor Richard Freer says the compounder may not have many assets, so patients may consider other defendants. http://on.aol.com/video/meningitis-victims-struggle--sue-pharmacy-517593821?icid=video_related_0 93e539800ae7209864aeb97c45c46403 Mon, 31 Dec 2012 00:00:00 EST Associated Press urn:uuid:93e539800ae7209864aeb97c45c46403 Dozens have sued the New England Compounding Center linked to the deadly fungal meningitis outbreak. Meningistis victims consider suing pharmacy over tainted shots. Professor Richard Freer says the compounder may not have many assets, so patients may consider other defendants. 2012-12-31T12:0:00-05:00 Freer: Meningitis victims should consider defendants beyond pharmacy Dozens have sued the New England Compounding Center linked to the deadly fungal meningitis outbreak. Meningistis victims consider suing pharmacy over tainted shots. Professor Richard Freer says the compounder may not have many assets, so patients may consider other defendants. Emory University School of Law Emory Law Professor Richard Freer addressed the judges of the United States district court and court of appeals for the Eleventh Circuit last week, in a workshop sponsored by the Federal Judicial Center. http://law.emory.edu/news-and-events/releases/2012/11/freer-supreme-court-class-action.html 93e2a7350ae7209864aeb97c31906a03 Tue, 20 Nov 2012 00:00:00 EST Emory University School of Law lawcommuncations@emory.edu urn:uuid:93e2a7350ae7209864aeb97c31906a03 Emory Law Professor Richard Freer addressed the judges of the United States district court and court of appeals for the Eleventh Circuit last week, in a workshop sponsored by the Federal Judicial Center. 2012-11-20T12:0:00-05:00 Freer addresses 11th Circuit Judges on Supreme Court class action trend Emory Law Professor Richard Freer addressed the judges of the United States district court and court of appeals for the Eleventh Circuit last week, in a workshop sponsored by the Federal Judicial Center. Emory University - School of Law