A North Carolina district court recently held that Dish Network (“Dish”) willfully violated the Telephone Consumer Protection Act (TCPA) when Satellite Systems Network (SSN) made more than 50,000 telemarketing and sales calls...more
Within roughly three weeks, the Second Circuit issued two opinions applying the Supreme Court’s Campbell-Ewald Co. v. Gomez decision to class action cases involving Rule 68 offers of judgment. On February 15, 2017, in Leyse...more
The Ninth Circuit denied rehearing en banc of its September order holding that the district court erred in deciding whether two drivers who sued Uber Technologies, Inc. (“Uber”) on behalf of themselves and a putative class...more
1/4/2017
/ Arbitration ,
Background Checks ,
Class Action ,
Class Action Arbitration Waivers ,
Corporate Counsel ,
Hiring & Firing ,
Mandatory Arbitration Clauses ,
Pre-Employment Agreements ,
Private Attorneys General Act (PAGA) ,
Putative Class Actions ,
Sharing Economy ,
Uber
A New Jersey district court denied certification of a putative class of furniture delivery drivers and helpers employed by various transportation companies (the “Driver/Helpers”) and individuals who owned those transportation...more
3/30/2016
/ Class Certification ,
Commonality ,
Corporate Counsel ,
FRCP 23(b)(3) ,
Independent Contractors ,
Misclassification ,
Predominance Requirement ,
Putative Class Actions ,
Transportation Industry ,
Wage and Hour ,
Williams-Sonoma
After granting the plaintiffs’ Rule 23(f) petition, the Ninth Circuit reversed a denial of class certification, finding that the district court had improperly weighed the merits of the plaintiffs’ Rule 23(a)(2) commonality...more