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Put up your Dukes! Supreme Court Clarifies that Damages Must be Capable of Class Wide Resolution in Rule 23(b)(3) Class Actions...

The United States Supreme Court’s recent ruling in Comcast Corp. v. Behrend, Case No. 11-864 (March 27, 2013) reinforces class certification requirements as spelled out in Wal-Mart v. Dukes. However, the closely divided court...more

4/3/2013 - Class Action Class Certification Comcast Comcast v. Behrend Damages Dukes v Wal-Mart Rule 23 SCOTUS

California Supreme Court Eliminates Damages in FEHA Discrimination Cases Where Employer Proves Mixed Motive Defense

Earlier this month, the California Supreme Court issued a ruling clarifying details of the “mixed-motive” defense applicable to discrimination claims under the California Fair Employment and Housing Act (“FEHA”). Harris v....more

2/25/2013 - Appeals Discrimination FEHA Harris v City of Santa Monica Mixed Motive Cases Pregnancy Pregnancy Discrimination Prejudicial Error Reversal Same-Decision Defense Standard of Proof

Ninth Circuit Holds Employees Are Not Required To Allege a Request for “Suitable Seats” For Their Claims to Proceed

Last week in Green v. Bank of America Corp., No. 11.56365 (9th Cir. Feb. 13, 2012), the Ninth Circuit held that “suitable seats” lawsuits cannot be dismissed at the pleading stage based on an employee’s failure to allege that...more

2/20/2013 - Failure To Request IWC Pleadings Suitable Seats Lawsuits Wage Orders

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