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Class Action Affirmative Defenses

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Parker Poe Adams & Bernstein LLP

Clocking In: What Employers Need to Watch for in Recent Court Decision on Unpaid Working Time

For decades, the Department of Labor (DOL) has recognized the impracticability of requiring Fair Labor Standards Act (FLSA) nonexempt employees to clock in exactly at the beginning of their scheduled shifts. In most...more

Morgan Lewis

Trends in Automotive Class Actions

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As the types of automotive class actions continue to evolve, so too do class action trends and developments. Morgan Lewis lawyers detail below some of the hot topics in automobile class action litigation, such as personal...more

BakerHostetler

Insurance Class Action Update - 2022 Q4

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The end of this past year witnessed further development of total loss, uninsured/underinsured motorist (UM/UIM) and COVID premium rebate class actions, along with movement in new(er) property and casualty class actions...more

Robinson+Cole Class Actions Insider

Rules Enabling Act Key to New Ninth Circuit Decision on Class Certification

A sometimes-overlooked aspect of class action law is how class certification rules interact with the Rules Enabling Act, which provides that rules of procedure and evidence “shall not abridge, enlarge or modify any...more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published December 2022

Highlights from this issue include: Affirmative Defenses. The Second Circuit held the district court erred in certifying a class alleging ERISA violations because it did not consider Defendant’s affirmative defenses in...more

BakerHostetler

Illinois District Court Refuses to Certify Class Based on Anti-harassment Policy

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Most employers today have anti-harassment policies covering race, gender and other types of discrimination to help comply with state and federal antidiscrimination legislation and to take advantage of the affirmative defense...more

Robinson+Cole Class Actions Insider

Seventh Circuit: Defendants Need Not Prove Merits of Defenses to Defeat Class Certification

A recent Seventh Circuit decision makes an important point about how the principle that a court generally need not resolve the merits to decide class certification is bilateral – it applies to both affirmative claims and...more

CDF Labor Law LLP

Employers Gain Defense Against Unmanageable PAGA Claims

CDF Labor Law LLP on

In a case of first impression, last week, the Second District California Court of Appeal held that judges have inherent authority to limit, and even strike, unmanageable PAGA claims. ...more

Manatt, Phelps & Phillips, LLP

CA Court Affirms That Courts Have Authority to Ensure Manageability of PAGA Claims

On September 9, 2021, the California Court of Appeal issued its opinion in Wesson v. Staples, Inc., holding that (1) courts have inherent authority to ensure that Private Attorneys General Act (PAGA) claims can be fairly and...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Answers and Amounts in Controversy

This week, we take a look at two decisions tackling novel procedural issues.  In the first, the Court strictly applied the amount-in-controversy requirement of the Class Action Fairness Act, faulting a defendant for not...more

McGlinchey Stafford

Florida Real Property & Business Litigation Report, Volume 13, Issue 26

McGlinchey Stafford on

Liu v. Securities And Exchange Commission, Case No. 18–1501 (2020). Equitable relief, including disgorgement, is permissible under the Securities Act of 1933, 15 U. S. C. §77a et seq., so long as it does not exceed a...more

Littler

California Superior Court Grants Class Certification in Equal Pay Case

Littler on

On April 30, 2020, Judge V. Raymond Swope of San Mateo Superior Court granted plaintiffs’ motion for class certification in Jewett et al. v. Oracle America, Inc. In doing so, the court certified a class of more than 4,100...more

Payne & Fears

Key California Employment Law Cases: June 2019

Payne & Fears on

This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....more

Pierce Atwood LLP

Even With Common Questions, Chapter 93A Deceptive Marketing Claims Are Ill-Suited for Class Treatment

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Earlier this month, in Plastic Surgery Associates, SC v. Cynosure, Inc., United States District Judge Denise Casper denied plaintiffs’ motion for class certification and allowed Cynosure’s motion for summary judgment on...more

Foley Hoag LLP - Energy & Climate Counsel

District of Massachusetts Reaffirms Broad Defense of Filed Rate Doctrine

An important legal doctrine for companies that buy and sell in regulated markets is the “filed rate” doctrine, which limits legal challenges to rates determined by regulators such as the Federal Energy Regulatory Commission...more

Robins Kaplan LLP

Financial Daily Dose 6.13.2019 | Top Story: Emails reveal Zuckerberg aware early of Facebook privacy concerns

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A round of internal Facebook emails produced in response to an FTC probe appear to show that the company’s “potentially problematic privacy practices” had filtered their way up to the very top of the social networking...more

Bradley Arant Boult Cummings LLP

Say What? Ninth Circuit Says Affirmative Defenses Can’t Stop Class Certification Unless Defendant Proves the Merits of the Defense...

Just when you thought litigating Telephone Consumer Protection Act (TCPA) class actions was as unsafe as it could get for defendants, the Ninth Circuit said, “Not so fast.” In McKesson v. True Health, two chiropractic...more

K&L Gates LLP

Second Circuit Rejects Use of Rule 67 to Moot Class Representative’s Claims

K&L Gates LLP on

In Radha Geismann, M.D., P.C. v. ZocDoc, Inc., the Second Circuit declined to allow the defendant-appellee to moot a putative class action by depositing $20,000—in full settlement of the plaintiff-appellant’s individual...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - September 2018

In this month's Privacy & Cybersecurity Update, we examine recent trends and court decisions, including a new law in Ohio that provides a safe harbor from tort-based data breach claims if the company adopts certain security...more

Robinson+Cole Class Actions Insider

Impact of Surveys and Affirmative Defenses on Class Certification Motion Addressed By California Court of Appeal

In a long-running employment class action in California, a California Court of Appeal recently addressed once again the use of surveys of class members....more

BCLP

Biometric Privacy Targeted In Increased Class Action Litigation in Illinois

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Even as technology advances and consumers become more accustomed to providing their fingerprints in routine, everyday transactions (such as unlocking their cellular phones), private entities, and employers in particular, are...more

Troutman Pepper

Third Circuit Introduces New Uncertainty While Attempting to Clarify Ascertainability Jurisprudence

Troutman Pepper on

On August 16, the Third Circuit gave the plaintiff a pass for failing to pursue evidence necessary to determine whether its proposed class was ascertainable and took the opportunity to clarify that affidavits may be used, at...more

Stoel Rives - World of Employment

The Washington Supreme Court Addresses Meal Break Claims

The Washington Supreme Court case Brady v. Autozone recently addressed the standards that apply when a non-exempt employee alleges that an employer did not provide meal breaks. In short: it is now clear that if a lawsuit is...more

Akin Gump Strauss Hauer & Feld LLP

7th Circuit Balks At Class Action Defendant’s Attempt To Pick-Off Lead Plaintiff

On June 20, 2017, the U.S. Court of Appeals for the 7th Circuit provided guidance on attempts by defendants to moot a plaintiff’s claim by depositing with the court damages sufficient to make the plaintiff whole. The practice...more

Seyfarth Shaw LLP

California’s Auto-Renewal Law Leads to Wave of California Consumer Class Actions

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California’s Auto-Renewal Law (Cal. Bus. & Prof. Code § 17600 et seq.) has given rise to a recent torrent of new lawsuits in California, many brought on a putative class action basis, targeting businesses that offer...more

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