Rodger Eckelberry

Rodger Eckelberry


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Class Certification of California Price Advertisement Case Gives Cause for Concern

A recent class certification decision in California involving challenges to a retailer’s price comparison advertisements should prompt retailers to carefully evaluate their sale advertising practices. Whether comparing to...more

7/1/2015 - Advertising Class Action Class Certification CLRA False Advertising JCPenney Retailers Unfair or Deceptive Trade Practices

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

Sixth Circuit Further Defines Requirements of Commonality Under Dukes; Distinguishes Seventh Circuit Case Relaxing Those...

In a recent case, Miller v. Countrywide Bank (In re Countrywide Financial Corp. Mortgage Lending Practices Litigation), — F.3d —, No. 12-5250, 2013 U.S. App. LEXIS 924 (6th Cir. Jan. 15, 2013), the Sixth Circuit provided more...more

2/21/2013 - Class Action Class Certification Commonality Countrywide Delegation of Discretion Discrimination Disparate Impact Dukes v Wal-Mart Merrill Lynch

Seventh Circuit Rejects Class Trial By [Un]Representative Sample

In Espenscheid v. DirectSat USA, LLC, Case No. 12-1943 (7th Cir. Feb. 4, 2013), in a combined collective/class action asserting claims under the Fair Labor Standards Act and state law, three satellite installation technicians...more

2/19/2013 - Class Action Class Certification Class Representatives Decertify FLSA Rest and Meal Break Rule 23 Wage and Hour

Dukes Dooms Domino’s Delivery Drivers’ Class Action

The Eighth Circuit recently reaffirmed one of the central holdings of Dukes v. Wal-Mart—commonality is no longer a “rubber stamp.” In Luiken v. Domino’s Pizza, a Domino’s delivery driver sought to represent a class of about...more

2/14/2013 - Class Action Class Certification Commonality Dominos Dukes v Wal-Mart Tips Wrongful Withholding

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