John Lewis

John Lewis

BakerHostetler

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Russell v. Citigroup Inc. – Language in Revised Arbitration Agreement Torpedoes its Application to Pending Class Action

A Sixth Circuit panel found the text of an updated arbitration agreement indicated it did not apply to a wage and hour class action already pending when the agreement was signed. Russell v. Citigroup, Inc., Case No. 13-5994...more

4/16/2014 - Arbitration Agreements Citigroup Class Action Employer Liability Issues Wage and Hour

Due for review? The Allstate Insurance Co. v. Jacobsen certiorari petition frames state-court class action due process debate for...

Almost three decades ago, the U.S. Supreme Court explained that state courts had to extend fundamental due process protections to absent class action members. Now, a new petition for certiorari review presents the Court with...more

3/11/2014 - Allstate Certiorari Class Action Due Process SCOTUS

Moldy Washing Machines at the Supreme Court: A Platform for Further Development of Rule 23?

Three cases about moldy washing machines currently sit at the U.S. Supreme Court, waiting for their names to be called. The cases are nearly identical consumer products class actions, and they have enormous potential to shape...more

1/22/2014 - Butler v Sears Class Action Comcast Comcast v. Behrend Dukes v Wal-Mart Mold Litigation SCOTUS Sears Wal-Mart Whirlpool Whirlpool v Glazer

Fifth Circuit Rejects NLRB's D.R. Horton Decision - Too Soon For Champagne?

Arbitration is quickly becoming a major vehicle to resolve individual employee disputes. Now another obstacle to enforcing those arbitration agreements and class action waivers may have been removed. ...more

12/5/2013 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers D.R. Horton D.R. Horton v NLRB Federal Arbitration Act NLRA NLRB

Cullen v. State Farm - The Ohio Supreme Court Returns to Rule 23 Issues

On November 5, 2013, the Supreme Court of Ohio adopted the class certification principles announced in the U.S. Supreme Court's decisions in Wal-Mart Stores, Inc. v. Dukes and Comcast v. Behrend. In Cullen v. State Farm...more

11/20/2013 - Class Action Class Certification Comcast Comcast v. Behrend Dukes v Wal-Mart SCOTUS Wal-Mart

LexisNexis v. Crockett -- Sixth Circuit Performs A Gateway Analysis In Class Arbitration Controversy

A Sixth Circuit panel has ruled that courts rather than arbitrators should determine whether class arbitration is authorized when the arbitration agreement “says nothing about classwide arbitration.” Citing First Options of...more

11/12/2013

Sixth Circuit Approves Fee Award Against the EEOC for Meritless Criminal Record Action

A divided Sixth Circuit panel affirmed the district court decision in EEOC v. Peoplemark, Inc., (Case No. 11-2582) assessing fees and costs against the Equal Employment Opportunity Commission (“EEOC”) totaling $751,942.48 for...more

10/15/2013 - Criminal Background Checks Discrimination Disparate Impact EEOC Employment Policies Fee Awards Hiring & Firing Peoplemark Inc. Race Discrimination Systemic Discrimination Temporary Employees

Second Circuit Enforces Class Action Waiver in FLSA Case Under AMEX

The Sutherland v. Ernst & Young case raised a now familiar question and the Second Circuit gave an answer in keeping up with recent U.S. Supreme Court precedent....more

8/13/2013 - American Express v Italian Colors Restaurant Class Action Class Action Arbitration Waivers FLSA SCOTUS

Stammco, L.L.C. v. United Tel. Co. of Ohio, Addressing Rule 23 Requirements for Class Certification in Ohio

After eight years and two visits, the Ohio Supreme Court has issued an opinion that not only addresses key developments in federal class action jurisprudence, but also decided the underlying class certification question....more

7/22/2013 - Class Action Class Certification Rule 23 Telecommunications

U.S. Supreme Court Decides American Express Co. v. Italian Colors Restaurant - Worth the Wait

The U.S. Supreme Court rejected the contention that a class arbitration waiver was unenforceable under the Federal Arbitration Act (“FAA”) when the cost of arbitrating individually would be greater than any potential...more

6/24/2013 - American Express American Express v Italian Colors Restaurant Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Federal Arbitration Act SCOTUS

Oxford Health Plans v. Sutter - The Perils of Choosing an Arbitrator to Resolve Potential "Gateway Matters"

A unanimous Supreme Court held on Monday that when a party agrees that an arbitrator should decide if an agreement authorizes class arbitration, that party cannot later seek judicial intervention if it disagrees with the...more

6/11/2013 - Arbitration Arbitration Agreements Arbitration Awards Class Action Contract Interpretation Federal Arbitration Act SCOTUS

Common and Predominating Damages: Comcast Opinion Extends Wal-Mart v. Dukes' Standards for Class Certification but Leaves the...

On March 27, 2013, the U.S. Supreme Court decided Comcast Corp. v. Behrend, Case No. 11-864, which provides a valuable tool for the defense in combatting class certification in antitrust cases and other types of class...more

4/2/2013 - Class Action Class Certification Comcast Comcast v. Behrend Damages Daubert Hearing Dukes v Wal-Mart Expert Testimony SCOTUS

Surveying the Damages: Comcast Opinion Extends Wal-Mart v. Dukes' Standards for Class Certification

In the latest class action case before the U.S. Supreme Court, a majority of the Court extended the Wal-Mart v. Dukes analysis to damages and held: proposed damages must be measurable on a classwide basis. ...more

3/29/2013 - Class Action Class Certification Comcast Comcast v. Behrend Dukes v Wal-Mart SCOTUS Wal-Mart

U.S. Supreme Court Opens the Door Wider for Defendants to Remove Class Actions to Federal Court in Standard Fire Insurance v....

The U.S. Supreme Court resoundingly signaled an end to a form of statutory manipulation in the class action arena Tuesday. A unanimous court held that named plaintiffs in class actions may not defeat federal removal...more

3/27/2013 - Amount in Controversy CAFA Class Action Damages Jurisdiction SCOTUS

CAFA Unchained - Court Bolsters CAFA's Coverage in Standard Fire Insurance v. Knowles

The U.S. Supreme Court resoundingly signaled an end to a form of statutory manipulation in the class action arena Tuesday. A unanimous Court held that named plaintiffs in class actions may not defeat federal removal...more

3/20/2013 - Amount in Controversy CAFA Class Action Damages Jurisdiction Removal SCOTUS

Sutherland Case Reveals Problems In Applying Effective Vindication Of Rights Analysis To Class Action Waivers

Introduction In April 2010, Stephanie Sutherland (“Sutherland”) filed a putative class action against Ernst & Young under the Fair Labor Standards Act (“FLSA”) and New York law claiming that low-level accountants were...more

3/19/2013 - Arbitration Class Action Ernst & Young FLSA Over-Time Vindication of Statutory Rights Doctrine Wage and Hour

Class Action Waivers And Arbitration Agreements - Justices Divided On Validity Of Effective Vindication Of Rights Analysis In AMEX...

The U.S. Supreme Court heard the much anticipated oral argument in American Express Co. v. Italian Colors Restaurant on February 27, 2013. The issue before the Court was whether an arbitration clause which prohibits class...more

3/8/2013 - American Express American Express v Italian Colors Restaurant Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Federal Arbitration Act SCOTUS Vindication of Statutory Rights Doctrine

Text Versus Intent - Justices Consider CAFA's Reach

A familiar debate involving alternative methods of statutory interpretation erupted again at the Supreme Court on Monday, January 7, 2013....more

1/10/2013 - CAFA Class Action Removal SCOTUS Standard Fire

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