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.
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We pack tons of personal and sensitive information in our DNA. While the human genome has been mapped for a decade, legal issues of genetic privacy are just beginning to rise. Earlier this month, the U.S. Supreme Court...more
On May 30, 2013, the Sixth Circuit issued its decision in Davis v. Cintas Corporation, Case No. 10-1662 (6th Cir. May 30, 2013), in which it upheld a district court’s refusal to certify a disparate impact Title VII case, but...more
Wal-Mart is hoping to get a gender bias class action suit in Wisconsin thrown out of court, thanks to the reversal of a new rule imposed by the National Labor Relations Board....more
Kenneth Hatai sued his employer (CalTrans) and his supervisor (Sameer Haddadeen), alleging discrimination based on his Japanese ancestry and the fact that he was not of Arab ancestry like Haddadeen. The case was tried to a...more
Manufacturing Company Refused to Hire Females, Federal Agency Says - CLEVELAND - Presrite Corporation, a manufacturing company headquartered in Cleveland that makes gears and other industrial parts, will pay $700,000,...more
EEOC Releases Letter Addressing Wellness Programs and Reasonable Accommodation Obligations - In a letter issued recently by the Equal Employment Opportunity Commission ("EEOC"), Peggy Mastroianni, the agency's Legal Counsel,...more
Last week, the Second Circuit weighed in again on the enforceability of an arbitration provision in Parisi v. Goldman, Sachs & Co., No. 11-5229-cv (2d Cir. Mar. 21, 2013). The provision at issue required employees to pursue...more
Individualized Proof of Damages Can Block Class Certification Under Rule 23(b)(3) - The United States Supreme Court in Comcast v. Behrend continued its trend of disfavoring class certification of cases involving...more
The latest XpertHR podcast features an in-depth look at several new employment law developments out of California, perhaps the most pro-employee state in the nation. Littler Mendelson partner Chris Cobey takes listeners...more
We are pleased to present the 26th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight a recent U.S. Supreme Court decision favoring the emerging gray market, arbitration of...more
The editors wanted to share this analysis, by Proskauer’s Employment Litigation and Arbitration Group, of the Second Circuit’s interesting recent decision requiring a Title VII plaintiff, even in a class action, to arbitrate...more
All the cool kids are talking about class arbitration lately. . . There are the two cases pending before SCOTUS, and now the Second Circuit confirms its place in the “in crowd” with a decision forcing a class of employees...more
Reversing a denial of a motion to compel arbitration in Parisi et al. v. Goldman, Sachs & Co. et al., the Second Circuit held that a plaintiff does not have a substantive right to bring a pattern and practice claim under...more
On March 21, 2013, the Second Circuit issued its highly-anticipated decision enforcing an arbitration clause and holding that a Title VII plaintiff does not have a substantive right to proceed on a class-wide basis in...more
On March 21, 2013, the Second Circuit issued its opinion in Parisi v. Goldman Sachs & Co., Case No. 11-5229, reversing a decision from the Southern District of New York, and holding that arbitration agreements which preclude...more
In this Issue: - California Supreme Court Revises Jury Instructions And Trial Procedures In Discrimination Cases, Harris v. Superior Court, 56 Cal. 4th 203 (2013) - Employee Who Exhausted Four Months Of...more
In EEOC v. The Original HoneyBaked Ham Company of Georgia Inc., 2013 U.S. Dist. LEXIS 26887 (D. Colo. Feb. 27, 2013), the U.S. District Court for the District of Colorado sanctioned the Equal Employment Opportunity Commission...more
Originally published in the American Bar Association's Labor and Employment Law, Volume 41, Number 1, Fall 2012. Against the backdrop of decades of significant legislation and court battles impacting the workplace,...more
In Wang v. Chinese Daily News, the Ninth Circuit reversed the class certification it had previously affirmed and remanded the matter for further consideration of Rule 23(a) commonality and Rule 23(b)(3) predominance. ...more
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
On January 15, the U.S. Court of Appeals for the Sixth Circuit affirmed a district court’s denial of class certification sought by a proposed class of borrowers alleging that a lender’s mortgage loan pricing policy, which...more
New legal ground is expected to be broken this year in areas of importance to companies and their directors, officers and executives. We see those developments coming from around the globe and defining the litigation...more
In a ruling that could negatively impact employers, an Illinois federal judge has allowed the Equal Employment Opportunity Commission (“EEOC”) to proceed with a class action disability discrimination case against United...more
Former service members who were honorably discharged from the military under the “Don’t Ask, Don’t Tell” policy are now eligible for full separation pay, thanks to a recent court settlement. The American Civil Liberties...more
Federal Court Affirms Agency May File Class Complaint Without Complete Information on All Possible Bias Victims CHICAGO - On its own motion, a federal district court reversed itself Friday and denied a defendant's...more
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