News & Analysis as of

Class Action › Class Certification › Motion to Compel

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.
Kilpatrick

The Ninth Circuit chips away at arbitration through waiver, ruling that waiver does not require a “heavy” showing and that a...

Kilpatrick on

Takeaway: The Ninth Circuit ruled that a defendant can waive its right to compel absent class members to arbitrate by failing to assert that right early in class litigation—even if there is no arbitration agreement with the...more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published February 2023

Shook, Hardy & Bacon L.L.P. on

Arbitration. The Ninth Circuit held Xerox waived its right to compel arbitration against putative class members when it acted inconsistently with its right to arbitrate prior to class certification in litigation against a...more

Carlton Fields

Supreme Court of Arkansas Declines To Consider Part of Appeal Involving Court’s Failure To Consider Motion To Compel Arbitration

Carlton Fields on

The Supreme Court of Arkansas recently refused to consider the portion of an appeal involving a motion to compel arbitration because the lower court had not ruled on the motion and the court therefore concluded it did not...more

Kilpatrick

Fifth Circuit examines mechanisms to secure federal jurisdiction in class action and arbitration contexts

Kilpatrick on

Takeaway:  When litigating class certification and motions to compel arbitration, defense attorneys virtually always prefer federal over state courts.  In two cases involving home security provider ADT, L.L.C. (ADT), and a...more

Proskauer - California Employment Law

Trial Court Should Have Scrutinized Declarations Submitted By Employer In Wage Hour Case

Proskauer - California Employment Law on

Barriga v. 99 Cents Only Stores LLC, 2020 WL 3481717 (Cal. Ct. App. 2020) - Sofia Wilton Barriga filed this lawsuit against her employer, 99 Cents Only, alleging that the “zero-tolerance” policy requiring its stores to...more

Seyfarth Shaw LLP

Fifth Circuit Says Plaintiffs May Not Send Notice of FLSA Suit to Employees with Arbitration Agreements

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a must-read decision and case of first impression at the federal appellate level, the Fifth Circuit Court of Appeals held late last week that a district court may not approve sending notice of an FLSA...more

Womble Bond Dickinson

This is How It Is in TCPAland: Class Counsel Moves to Strike Defendant’s Consent Defense for Seeking One Week Extension to Redact...

Womble Bond Dickinson on

Lest anyone think TCPAland isn’t fraught with peril for unwary defendants, let me tell you a quick tale. Citibank is facing TCPA class litigation in the Northern District of California–yes the same Citibank that so...more

Womble Bond Dickinson

Class Discovery Nightmare: Court Orders Defendant to Turn Itself Inside Out to Provide Account-Level Data in TCPA Class Action

Womble Bond Dickinson on

Hi everyone! Well, I’m sure you’ve heard the good news from the Czar by now, and we’re all very excited here at TCPAland. Boy what a celebration I had when I found out. I put the kids the bed, had a glass of champs with my...more

Payne & Fears

Ninth Circuit Reverses Grant of Class Certification and Denial of Motions to Compel Arbitration in Several Uber Class Actions

Payne & Fears on

In a major victory for ride-share company Uber Technologies, Inc. ("Uber"), the United States Court of Appeals for the Ninth Circuit issued its much anticipated opinion in O'Connor v. Uber Technologies, Inc., Case No....more

BakerHostetler

O’Connor v. Uber: The Ninth Circuit Unravels the Class Certification Orders in Appeals From Four Related Actions

BakerHostetler on

In O’Connor v. Uber Technologies, Inc., a Ninth Circuit panel, in four related appeals from District Judge Edward Chen’s rulings, reversed the denial of Uber Technologies Inc.’s motions to compel arbitration, also reversed...more

Seyfarth Shaw LLP

Court Rejects Individual Pattern And Practice Claim And Enforces Arbitration Agreement In Discrimination Case

Seyfarth Shaw LLP on

Seyfarth Synopsis: In the midst of a legal landscape that is seemingly pro-arbitration, employers should recognize that employees still have a few strategies to oppose arbitration or invalidate an arbitration agreement. ...more

Balch & Bingham LLP

Eleventh Circuit: No Waiver of Arbitration Rights Despite Waiting for Class Certification

Balch & Bingham LLP on

In a win for defendants, the Eleventh Circuit recently held that a party does not waive its right to compel arbitration for the claims of unnamed class members even if it has waived that right as to the named class...more

Polsinelli

Waiver Redux: Appeals Court Confirms That Arbitration of Unnamed Class Member Claims Not Waived Following Certification Decision

Polsinelli on

The Eleventh Circuit Court of Appeals recently held that a litigant may enforce its contractual arbitration provision as to absent class members despite not obtaining a ruling on the issue at the outset of the case. The right...more

Proskauer - California Employment Law

California Employment Law Notes - September 2017

Proskauer - California Employment Law on

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

Proskauer - California Employment Law

California Employment Law Notes - July 2017

Proskauer - California Employment Law on

In response to three questions asked of it by the United States Court of Appeals for the Ninth Circuit, the California Supreme Court opined as follows...more

Orrick, Herrington & Sutcliffe LLP

The Gorsuch Nomination: The Return of the Business Friendly Court?

Orrick, Herrington & Sutcliffe LLP on

Assuming Judge Gorsuch's confirmation, the Court will add a Justice with extensive commercial litigation experience, a particular expertise in antitrust and securities law, and a track record on the bench that demonstrates a...more

Carlton Fields

Ohio Court Compels Plaintiffs to Respond to Interrogatories Regarding the “Contours” of the Putative Class

Carlton Fields on

In a reversal of the usual scenario where a plaintiff seeks and a defendant resists class discovery, the Southern District of Ohio granted a defendant’s motion to compel answers to its interrogatory regarding who was included...more

Carlton Fields

Divergent Views on Class Discovery

Carlton Fields on

In two recent cases, California and Florida district courts reached divergent views on whether to permit wide-ranging class discovery prior to a certification decision. Interestingly, both decisions involved Ocwen companies....more

Seyfarth Shaw LLP

Bankrolling Class Actions: Court Rules That Plaintiff Must Identify Third-Party Funder Of Class Action Lawsuit

Seyfarth Shaw LLP on

Seyfarth Synopsis: The increasingly common practice of third-party funding of class actions, which provides tax incentives to plaintiffs’ attorneys and third-party funders alike, may no longer be protected under...more

Troutman Pepper

July 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

Four of the five independent contractor (IC) misclassification cases reported below from July 2016 illustrate how companies continue to fail to structure, document, and implement a business’s IC relationships in a manner that...more

Carlton Fields

Party Waived Right to Compel Arbitration by Waiting to Raise the Defense Until After Class Certification and Shortly Before Trial

Carlton Fields on

After two years of litigation and extensive pretrial discovery, the Tenth Circuit held that cable company Cox Enterprises had waived its right to compel arbitration in an antitrust class action. The opinion is a cautionary...more

21 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide