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Ninth Circuit Invalidates Arbitration Agreement with Class Action Waiver

On August 22, 2016, the Ninth Circuit joined the Seventh Circuit in the split amongst U.S. Circuit Courts of Appeal on the issue of enforceability of employment arbitration agreements precluding class actions. The Ninth...more

U.S. Supreme Court’s Tyson Foods v. Bouaphakeo Opinion Reaffirms The Importance Of Challenging Plaintiff’s Experts In Class...

On March 22, 2016, the United States Supreme Court decided Tyson Foods, Inc. v. Bouaphakeo, et al., No. 14-1146, a class action under Rule 23 of the Federal Rule of Civil Procedure (“Rule 23”) and a collective action under...more

Cal. Supreme Court Clarifies Standards for Class Certification of Independent Contract Class Actions

On Monday, the California Supreme Court issued yet another decision on class certification; this time in an action challenging the independent contractor (“IC”) classification of a proposed class of Antelope Valley News...more

Hall v. Rite Aid and the Return of the Underpants Gnomes

The Fourth District Court of Appeal’s decision earlier this month in Hall v. Rite Aid Corp. represents an unfortunate step backwards in the development of a coherent jurisprudence on class certification. ...more

Ninth Circuit Falls In Line With Supreme Court Ruling on Class Action Removals

In Rodriguez v. AT&T Mobility, LLC, the Ninth Circuit continues a string of recent decisions cracking down on district courts’ tendency to remand class actions on the purported basis that the defendant failed to meet the...more

Supreme Court Continues To Expand FAA Preemption

Do you hear that? . . . . It is the wailing and moaning of plaintiff’s attorneys across the country. On June 20, 2013, in a 5-3 decision (Sotomayor recused herself), the United States Supreme Court issued a...more

Ninth Circuit Rules that Comcast Does Not Kill Wage and Hour Class Actions

On Tuesday, the Ninth Circuit decided Leyva v. Medline Industries, Inc., reversing an order denying class certification in a wage and hour case. The decision represents the first interpretation from the Ninth Circuit of the...more

New Appellate Decision Applies Brinker to Require Certification of Certain Meal and Rest Claims

On Friday afternoon, the Fourth Appellate District, Division 3 (Orange County) decided Faulkinbury v. Boyd & Associates (Faulkinbury II). This was a meal period, rest period, and overtime class certification decision in which...more

Plaintiffs' Bar is Whistling Past the Graveyard on Comcast

As many readers of this blog know by now, last week the Supreme Court issued yet another anti-class certification decision in Comcast Corp. v. Behrend (“Comcast”). While the full scope and meaning of the Court’s holding is...more

Supreme Court Ruling Reverses Bad 9th Circuit Precedent on CAFA

On March 19, 2013, the U.S. Supreme Court handed down Standard Fire Insurance v. Knowles, a short, narrow, and unanimous opinion addressing removal of class actions to federal court under the Class Action Fairness Act...more

9th Circuit Applies Dukes v. Wal-Mart to a Wage/Hour Class Action

On March 4, 2013 the Ninth Circuit issued a second opinion in the action, Wang v. Chinese Daily News (Wang II), in which it reversed the class certification it had previously affirmed and remanded the matter for further...more

New 7th Circuit Opinion Explains Plaintiff's Obligation to Have a Trial Plan to Maintain Class Certification

On February 4, 2013 in Espenscheid v. DirectSat USA, LLC , a Seventh Circuit panel unanimously affirmed a Wisconsin District Court judge's decision to decertify a large off-the-clock overtime class action. Judge Richard...more

Plaintiffs Must Offer "Significant Proof" Of A Common Policy Or Practice To Satisfy Commonality Under Rule 23 Post-Dukes

On January 28, 2013, Hon. George King of the United States District Court for the Central District of California issued an order in Pedroza v. PetSmart, Inc. denying class certification of exempt misclassification claims...more

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