Michael Newman

Michael Newman

Barger & Wolen

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Certification of Meal Break Employment Class Affirmed By Ninth Circuit

In Abdullah v. U.S. Security Associates Inc., the Ninth Circuit held that the district court did not abuse its discretion by certifying a meal break subclass, defined as all past and present employees who (a) worked more than...more

10/1/2013 - Abuse of Discretion Class Action Class Certification Rest and Meal Break Wages

Class Certification Rules Clarified: Harder for Plaintiffs to Certify Classes

On September 3, 2013, in Wang v. Chinese Daily News, Inc., the Ninth Circuit clarified the restrictions on class certification imposed by Wal-Mart Stores, Inc. v. Dukes. The net effect of this ruling is to make it harder for...more

9/10/2013 - Class Action Class Certification Dukes v Wal-Mart FLSA Rule 23

Supreme Court Directs Trial Courts To Look At The Merits In Determining Whether To Certify A Class

Comcast v Behrend is the latest in a series of United States Supreme Court cases in recent years that have restricted the ability of plaintiffs to certify federal class actions. In so doing, it has expanded the scope of the...more

4/2/2013 - Class Action Class Certification Comcast Comcast v. Behrend Damages Dukes v Wal-Mart Expert Testimony Rule 23 SCOTUS

Denial Of Class Certification As To Alleged Wage And Hour Violations Affirmed by Court of Appeal

In Daily v. Sears, the Fourth Appellate District, Division One, affirmed the trial court's granting of the defendant's motion to preclude class certification....more

3/26/2013 - Class Action Class Certification Wage and Hour

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