News & Analysis as of

Class Action Class Certification Restaurant Industry

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.
BakerHostetler

Florida District Court Denies Conditional Certification in ‘Tip Credit’ Case

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Tip credit issues are inherently difficult. Section 3(m) of the Fair Labor Standards Act permits an employer to count tips toward a portion of a tipped employee’s wages to meet the minimum wage (and in some instances...more

BakerHostetler

California District Denies Certification Race Claim Involving Claimed “English-Only” Restaurant Policy

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While class actions may prove lucrative for the plaintiffs who bring them, most cases just aren’t suitable for class action treatment and many would likely fare far better if the plaintiffs simply limited themselves to a...more

Seyfarth Shaw LLP

Chipotle’s Employees Denied Class Certification On Employment Discrimination Claims

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Seyfarth Synopsis: On January 15, 2020, in Guzman v. Chipotle Mexican Grill, Inc., No. 17-CV-02606-HSG, 2020 WL 227567 (N.D. Cal. Jan. 15, 2020), Judge Haywood Gilliam of the U.S. District Court for the Northern District of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Party of One: Collective Action Against Outback Steakhouse Denied due to Lack of Personal Jurisdiction

The U.S. District Court for the District of Massachusetts denied conditional class action certification in a case involving a front of house (FOH) manager suing Outback Steakhouse for unpaid overtime under the Fair Labor...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l August 2019 #3

LEGISLATION, REGULATIONS & STANDARDS - FDA Issues First Warning Letter for FSMA Foreign Supplier Program - The U.S. Food and Drug Administration (FDA) has issued the first warning letter enforcing the Food Safety...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | August 2018 #4

LEGISLATION, REGULATIONS & STANDARDS - Mass. Governor Vetoes Raw Milk Bill - Massachusetts Governor Charlie Baker has vetoed a state environmental bond bill containing a provision that would allow raw milk sales at farm...more

Robinson+Cole Class Actions Insider

Numerosity and Commonality Requirements Reinforced by Third Circuit

The Third Circuit’s new opinion on class certification issues in Mielo v. Steak ‘N Shake Operations, Inc., No. 17-2678 (3d Cir. July 26, 2018) provides helpful guidance for district courts and class action lawyers on both...more

Fisher Phillips

New Trend In Accessibility Lawsuits: The Class Action Complaint

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Most retailers have by now faced a Title III lawsuit under the Americans with Disabilities Act (ADA) contending that a store is not accessible to disabled individuals. There remains a plethora of attorneys who make a living...more

Jackson Lewis P.C.

Class Action Trends Report Winter 2018

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Minimum wage: Tip traps Brewster’s Homestyle Bar & Grill is a favorite local chain, with eight popular restaurants in the city. The restaurants are constantly busy, with tables turning over at a steady clip. Consequently,...more

K&L Gates LLP

New Jersey Supreme Court Rejects Class Certification of TCCWNA Claims in Drink Price Actions

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Amidst the significant increase in consumer class action litigation under New Jersey’s Truth in Consumer Contract Warranty and Notice Act (“TCCWNA” or the “Act”), the New Jersey Supreme Court ruled that TCCWNA claims could...more

Seyfarth Shaw LLP

What Do Sushi and Burritos Have in Common? Second Circuit Ready to Sample Tasty Wage-Hour Procedural Issues

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Seyfarth Synopsis: The Second Circuit will soon decide key issues for FLSA practitioners: whether settlements pursuant to an Offer of Judgment are subject to court review and approval, and whether the standards for final...more

McCarter & English, LLP

Dugan/Bozzi: The New Jersey Supreme Court Provides Shelter From The TCCWNA Storm

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Last year, McCarter was the first law firm to warn of the perfect storm resulting from the organized plaintiffs’ bar’s vague and unconstrained interpretation of the Truth-in-Consumer Contract, Warranty and Notice Act...more

Locke Lord LLP

TCCWNA Is Not On The Menu: The New Jersey Supreme Court Weakens TCCWNA’s Use in Class Actions in Restaurant Cases

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The New Jersey Supreme Court, by its decision in Dugan v. TGI Fridays, Inc., No. A-92-15, 2017 WL 4399352 (N.J. 2017),1 has provided businesses the latest tool in defending putative class actions under New Jersey’s...more

Saul Ewing LLP

Supreme Court Provides One-Two Punch to Certification of TCCWNA Claims; Are TCCWNA Class Actions Out For Count?

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In consolidated appeals, the Supreme Court of New Jersey reversed class certification of two class actions asserting violations of the Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”). Both sets of plaintiffs...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | October 2017

OIG Report Suggests Improvements to FSMA Enforcement - A report from the Office of the Inspector General (OIG) of the U.S. Department of Health and Human Services has concluded that the Food and Drug Administration (FDA)...more

Sheppard Mullin Richter & Hampton LLP

Sheppard Mullin Secures Major Victory for Chipotle in Nationwide Misclassification Action By Demonstrating Variations Among...

The Court’s opinion in Scott v. Chipotle Mexican Grill demonstrates how employers can successfully combat class action claims that employees were misclassified as exempt. The successful defense of the class certification...more

Carlton Fields

Food for Thought: A Review of 2016 Litigation

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Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more

Troutman Pepper

New Jersey Court Makes Class Action Plaintiffs Pay the Price

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The Appellate Division’s opinion in Dugan will undoubtedly hinder future plaintiffs who seek certification in New Jersey consumer class action cases. Defending against consumer class actions in New Jersey just got a...more

Troutman Pepper

March 2016 Independent Contractor Misclassification and Compliance News Update

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The cases reported in this update continue to reflect the fact that IC misclassification cases cut across virtually all industries. Below are IC misclassification cases from such diverse industries as insurance, ride-sharing,...more

Genova Burns LLC

NJ Appellate Division Decertifies Class in Suit Over TGI Friday’s Menus and Drink Prices

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New Jersey bar patrons alleging that the chain restaurant, TGI Friday’s, Inc. (TGIF), violated consumer protection laws by omitting drink prices from its menus will have to proceed with their claims as individual plaintiffs...more

Locke Lord LLP

TCCWNA Class Action Tanked by Individualized Inquiries

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New Jersey restaurant-goers alleging that TGI Friday’s, Inc. (TGIF) violated state consumer protection laws by omitting drink prices from its menus will have to proceed with their claims individually after the New Jersey...more

JAMS

Federal Employment Case Update | Pizza and Beer

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Members of Certified Class Lack Standing to Challenge Class Arbitration Ban - Conners v. Gusano’s Chicago Style Pizzeria - United States Court of Appeals, Eighth Circuit - When Jacqueline Conners brought a class...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Finds Highly Individualized Damages Inquiry Won’t Spoil Rule 23 Class Wage Claims

Roach v. T.L. Cannon Corp., No. 13-3070-cv (2d Cir. Feb. 10, 2015): The Second Circuit Court of Appeals recently vacated and remanded the U.S. District Court for the Northern District of New York’s decision denying class...more

Proskauer - California Employment Law

California Appellate Court Affirms Denial Of Class Certification

As we recently reported here, there have been a number of appellate decisions ordering class certification based on the existence of an employer’s companywide policy – all while overlooking numerous individualized questions...more

Hinshaw & Culbertson LLP

California Restaurant Managers Get Second Chance at Class Action

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In Martinez v. Joe’s Crab Shack Holdings, the California Court of Appeal for the Second Appellate District reversed an order denying class certification to a group of managerial restaurant employees allegedly misclassified as...more

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