Class actions for money damages that involve class members who do not have Article III standing in the Eleventh Circuit are improper even if such members would have standing in other jurisdictions. In a unanimous decision...more
8/17/2022
/ Article III ,
Attorney's Fees ,
CAFA ,
Class Action ,
Federal Rules of Civil Procedure ,
GoDaddy.com ,
Rejection of Settlement Offers ,
SCOTUS ,
Settlement ,
Standing ,
TCPA ,
TransUnion LLC v Ramirez
Last week, the Eleventh Circuit declined, 7–4, to reconsider en banc a divided panel’s September 2020 decision barring incentive awards to class representatives for their work in class actions. As such, the Eleventh Circuit...more
In a May 23, 2022 unanimous decision, the United States Supreme Court ruled a showing that the other side has been prejudiced by a delay is not required for a party that has proceeded with litigation to waive its contractual...more
While the United States Supreme Court has made clear that class action waivers in arbitration clauses can be enforced, plaintiffs’ counsel continue to find creative ways to challenge these types of arbitration agreements....more
While not authorized by Rule 23, incentive awards to class representatives are a common feature of class action settlements. Nevertheless, a divided Eleventh Circuit panel ruled last Thursday that such payments are strictly...more
What is an employer to do when an employee makes profane or offensive speech in the context of a union-management meeting? On July 21, 2020, the National Labor Relations Board issued a decision that supports a private...more
Every year, the EEOC publicly releases information detailing what the agency has been working on during the past fiscal year. These breakdowns, when analyzed on a year-over-year basis, shed light on “hot” areas where claims...more
From the class action defense perspective, companies and counsel alike are almost always looking for an angle to move a state-filed putative class action to the more rigorous environment of the federal courts. Congress...more
6/11/2019
/ CAFA ,
Class Action ,
Co-Defendants ,
Counterclaims ,
Federal Rules of Civil Procedure ,
General Removal Provisions ,
Home Depot USA Inc v Jackson ,
Jurisdiction ,
Remand ,
Removal ,
SCOTUS ,
Third-Party
On November 8, 2018, the Department of Labor (DOL) issued 4 new opinion letters providing both employers and employees further insight into the agency’s views regarding compliance with federal labor laws.
While the letters...more
In a big win for the tech industry and app developers, and for other companies seeking to enforce arbitration agreements through web-based interactions, last week the Second Circuit Court of Appeals held that the plaintiff in...more
9/12/2017
/ Appeals ,
Arbitration Agreements ,
Browsewrap Agreement ,
Class Action ,
Clickwrap Agreements ,
Mandatory Arbitration Clauses ,
Mobile Apps ,
Remand ,
Reversal ,
Terms and Conditions ,
Uber ,
Waivers ,
Websites
This past week, the nation was shocked with yet another senseless act of violence in the workplace. On Monday, a disgruntled former employee, walked into his former employer’s job site and killed 5 of his former co-workers...more
2016 brought about a host of changes for employers, including new political leaders, ever-changing technology, and new and more open dialogue on a variety of different issues. Aside from politics, perhaps one of the biggest...more
A Dallas jury recently awarded a verdict of more than a million dollars to a vocational nurse based upon her claims of sexual harassment and intentional infliction of emotional distress. While it appears that verdict will not...more
How independent are musicians who play and perform with others? Do they have more artistic control on their own, or do they only become truly great artists in collaboration with others when their independent talents combine...more
4/29/2016
/ Agency Deference ,
Control Test ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Independent Contractors ,
Misclassification ,
Music Industry ,
NLRB ,
Popular ,
Unions ,
Wage and Hour
The leaves are changing, and the air is turning cooler. While employers are gearing up for fall, voting leave may be far from their minds. After all, even though the presidential candidates are in full swing campaign mode,...more
Wage and hour issues are oftentimes amongst a company’s least favorite topics of conversation and yet, at the same time, can be the source of major liabilities. And just as the corporate world tries to figure out where the...more
Summertime can be the high season for many service establishments, such as restaurants, hotels and recreational facilities, as we all take some time to relax and enjoy the weather. But with wage and hour litigation constantly...more
As Valentine’s Day approaches, what better time to address the proverbial workplace issue — the office romance. While everyone certainly loves a great love story with a happily ever after ending, unfortunately, office romance...more