Greg Mersol

Greg Mersol

BakerHostetler

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California District Court Disqualifies Class Counsel for Conflict of Interest

Is more of a good thing a better thing? In some contexts, not, as reflected by a recent case from the Northern District of California. In Lou v. Ma Laboratories, Inc., Case No. C 12-05409 WHA (N.D. Cal. Jan. 8, 2014), the...more

1/15/2014 - Class Action Collective Actions Conflicts of Interest Disqualification Putative Class Actions

Third Circuit Finds That Putative Class Representatives Could Not Challenge Decertification Of An FLSA Collective Action Once They...

While the now familiar two-step process for determining certification of FLSA collective actions may have been introduced based on valid concerns, it is increasingly vexing for employers in cases where they have either done...more

9/9/2013 - Class Action Class Certification Class Representatives Collective Actions Decertify Dismissals Employer Liability Issues FLSA

California District Court Compels Arbitration of Class and Collective Wage and Hour Claims

Dorothy Gale famously remarked upon finding herself in Oz “Toto, I’ve got a feeling we’re not in Kansas anymore.” Class action wage and hour plaintiffs on the west coast are now awakening to the fact that while they may still...more

7/12/2013 - American Express American Express v Italian Colors Restaurant Arbitration AT&T Mobility v Concepcion Class Action Collective Actions Collective Bargaining Employer Liability Issues Ernst & Young FLSA NLRB SCOTUS Wage and Hour

United States Supreme Court Confirms that a Timely and Properly Worded Offer of Judgment May Moot a Collective Action

Last week, the United States Supreme Court confirmed what we informed readers of in our Employment Class Action Blog on February 21, 2011, "A timely and properly worded offer of judgment may moot a collective action and...more

4/25/2013 - Collective Actions Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Mootness SCOTUS Settlement

Ninth Circuit Finds Rule 23 Class Actions and FLSA Collective Actions Compatible

As we’ve noted before, circuit court authority on collective action issues is relatively sparse. Although we like to comment on such cases, the most recent such opinion is in many respects a nonevent. ...more

4/19/2013 - Class Action Collective Actions FLSA Rule 23

Supreme Court Upholds Use of Rule 68 Offers of Judgment in FLSA Collective Actions

Today the United States Supreme Court delivered an unexpected present to employers facing FLSA collective actions and held that a defendant may moot such a case by making a Rule 68 offer of judgment to the named plaintiff....more

4/19/2013 - Collective Actions FLSA Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Mootness Rule 68 SCOTUS

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