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Class Action Fairness Act Roundup

Nine years after the Class Action Fairness Act of 2005 (“CAFA”) was enacted, parties continue to fight over when federal jurisdiction over significant class and mass actions is proper. In this post, we provide a rundown...more

7/23/2014

More Thoughts On Ascertainability And Why It Matters In Deciding Whether To Certify A Class Action

Can you have a class action if you can’t figure out who’s in the proposed class? According to many in the plaintiffs’ bar, the answer is “yes.” ...more

5/29/2014 - Affidavits Ascertainable Class Bayer Class Action Class Certification POM Wonderful Putative Class Actions

Are You Objecting To Personal Jurisdiction In Magnet Jurisdictions Yet?

Until recently, many large companies have resigned themselves to the assertion of personal jurisdiction by courts in any state in which they do business—so long as the plaintiff has named the right corporate entity as...more

4/29/2014 - Alien Tort Statute Class Action DaimlerChrysler v Bauman Personal Jurisdiction Pharmaceutical Walden v Fiore

Plaintiffs Can’t Evade Removal Under Class Action Fairness Act By Suing For Only Declaratory Relief

Over the years, the plaintiffs’ bar has used a wide variety of stratagems to try to prevent defendants from removing class actions to federal court. We’ve previously blogged about several of them. A recent Eleventh Circuit...more

3/28/2014 - CAFA Class Action Declaratory Relief Removal

Use The “Consumer” In Consumer Class Actions To Defeat Certification

Plaintiffs routinely bring consumer class actions under statutes that allow only consumers—not businesses—to bring claims, or that are limited to transactions solely for personal or household purposes. See, e.g., Electronic...more

3/25/2014

En Banc Ninth Circuit Will Clarify When A Subdivided Mass Action Can Be Removed Under CAFA

Back in December, we blogged about two cases in the Ninth Circuit that were the latest skirmishes in the fight over whether plaintiffs can evade removal under the Class Action Fairness Act of 2005 (“CAFA”) by artificially...more

2/17/2014 - CAFA Class Action Mass Action Subdivision

Do Employers Have To Pay Unionized Workers For Time Spent Donning And Doffing Safety Gear? Supreme Court Says No

In recent years, one of the hottest types of collective actions against employers under the Fair Labor Standards Act (“FLSA”) is what is commonly called a “donning and doffing claim”—a lawsuit for unpaid wages for time...more

1/30/2014 - Collective Bargaining FLSA Protective Gear SCOTUS Unions Wage and Hour

Floodgates To New York Telemarketing Class Actions Under The TCPA Are Open, Says Second Circuit

Just in time for the holidays, the Second Circuit’s recent decision in Bank v. Independence Energy Group LLC has dropped a lump of coal in the business community’s stocking. In this case, the “lump of coal” is an open door to...more

12/23/2013 - CAFA Class Action Class Representatives FRCP 23 Jurisdiction TCPA

The Fate Of Hollywood Internship Programs May Rest With The Second Circuit

Former interns used to get revenge against their employers by writing tell-all blog posts and memoirs. Now, they’re lending their names to plaintiffs’ lawyers, who then file wage-and-hour class or collective actions alleging...more

12/19/2013 - Collective Actions DOL FLSA Fox Searchlight Pictures Unpaid Interns Wage and Hour

You’ve Settled The Class Action—Can The State AG Demand Another Payout?

One of the more alarming recent developments in the class-action arena is the increase in actions by state attorneys general that mirror private class actions. These state AG actions aren’t like the typical enforcement...more

12/10/2013 - Attorney Generals Class Action Disgorgement Parens Patriae Restitution

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