News & Analysis as of

Class Action Termination

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.
Fishman Haygood LLP

The U.S. Fifth Circuit Applies American Pipe to Preserve Putative Class Member’s Discrimination Claims

Fishman Haygood LLP on

The U.S. Fifth Circuit Court’s recent decision in Zaragoza v. Union Pacific Railroad (“Zaragoza”) has highlighted key issues in class action lawsuits and the application of tolling principles. The plaintiff’s previous...more

U.S. Equal Employment Opportunity Commission...

Vicars Powersports to Pay $75,000 in EEOC Sex Discrimination Lawsuit

Federal Agency Charges Dealership Fired Female Manager and Replaced Her With Less Experienced Male - ST. LOUIS – Vicars Powersports, a McAlester, Oklahoma retailer of motorsports vehicles, will pay $75,000 and furnish...more

Foley & Lardner LLP

Sufficiently Conspicuous: Arbitration Agreements and Class Action Waivers for Subscription-Based Businesses

Foley & Lardner LLP on

Since its enactment in 2010, California’s Automatic Renewal Law (ARL) has motivated an ever-increasing number of putative class action complaints. The latest surge is due in large part to amendments that went into effect last...more

Jackson Lewis P.C.

Ninth Circuit Affirms State Court’s Authority to Approve Class Action Settlements

Jackson Lewis P.C. on

Absent class members in state-court class actions cannot pursue individual claims in federal court when the class has entered into a settlement releasing all such claims and a state court has entered final judgment approving...more

Blank Rome LLP

COVID-19 Litigation Report – August 2020 #3

Blank Rome LLP on

Using timely research, Blank Rome’s COVID-19 litigation team provides a weekly report highlighting the latest cases and updates in key litigation areas, such as workplace claims, class actions, breach of contract claims, and...more

Blank Rome LLP

COVID-19 Litigation Report – July 2020 #2

Blank Rome LLP on

Using timely research, Blank Rome’s COVID-19 litigation team provides a weekly report highlighting the latest cases and updates in key litigation areas, such as workplace claims, class actions, breach of contract claims, and...more

Orrick, Herrington & Sutcliffe LLP

What's New in Corporate Governance and Securities Law - October 18, 2019

Corporate Governance and Securities Law Developments - Directors Can Be Held Liable for Failure to Oversee “Mission Critical” Regulatory Compliance - On October 1, the Delaware Court of Chancery refused to dismiss a...more

Constangy, Brooks, Smith & Prophete, LLP

Employers, just say no to these disability/pregnancy practices!

A new lawsuit filed by the EEOC is a good guide for employers on what not to do. The Equal Employment Opportunity Commission has filed a class action lawsuit in federal court in New York against a group of senior care and...more

Seyfarth Shaw LLP

Termination Pay Penalties: Easy To Incur, Impossible To Reduce?

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers must pay “waiting time” penalties for willfully failing to timely pay wages due upon termination. Last week the California Court of Appeal dealt employers a double whammy: (i) mere negligence can...more

Blake, Cassels & Graydon LLP

Ontario Court Rules Working Notice Wrongly Applied in Mass Termination Class Action

The Ontario Superior Court of Justice (Superior Court) recently granted summary judgment in favour of a class of employees who were part of a “mass termination” following a business closure. The Superior Court’s decision in...more

Cozen O'Connor

I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class

Cozen O'Connor on

This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more

Carlton Fields

A Tale of Two Decertification Motions

Carlton Fields on

The Seventh and Eighth Circuits both addressed motions to decertify classes the week of July 5—with divergent results.  These cases illustrate the deference afforded district courts’ class certification determinations.  Both...more

Zelle  LLP

What GCs Need to Know About Reductions in Force

Zelle LLP on

Reductions in force (“RIFs”) are group terminations, usually driven by the financial condition or business needs of the employer. An employer’s General Counsel, even though responsible for protecting the employer from legal...more

Orrick - Employment Law and Litigation

Not So Final WARNing: Sixth Circuit Finds That Employment Ends with Termination of Wages, Not Notice

In Morton v. Vanderbilt Univ., 2016 WL 52439 (6th Cir. Jan. 5, 2016), the Sixth Circuit recently held that, for purposes of the Worker Adjustment and Retraining Notification Act (“WARN Act”), employment does not end at notice...more

Zelle  LLP

The California Fair Pay Act

Zelle LLP on

California’s Fair Pay Act, which takes effect on January 1, 2016, prohibits private employers from paying male and female employees at different wage rates for substantially similar work. This standard is both more stringent...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - October 2015

Proskauer Rose LLP on

Editor's Overview - This month, we review the Second Circuit's ruling in New York State Psychiatric Ass'n, Inc. v. UnitedHealth Grp. wherein the Second Circuit ruled that: (i) a provider association has associational...more

Carlton Fields

California Appellate Court Denies Mandamus Petition: Arbitrator Will Decide Whether Arbitration Agreement Permits Class Action...

Carlton Fields on

An appellate court in California denied Universal Protection Service, LP (“Universal”) and their affiliate’s mandamus petition, seeking to overturn a lower court ruling compelling arbitration. The court found that whether an...more

JAMS

Federal Arbitration Case Update | Compelling and Appealing

JAMS on

Following are two recent federal court rulings related to arbitration. Acknowledgement of Dispute Resolution Policy Sufficient to Compel Arbitration of Retaliation Claim - Ashbey v. Archstone Property Management,...more

Porter Hedges LLP

Business Litigation Alert: "Legal Considerations During Massive and Quick Layoffs"

Porter Hedges LLP on

Class Action Lawsuit Recently Filed Against Drilling Company for Alleged WARN Act Violations - The Worker Adjustment and Retraining Notification Act (“WARN”) requires certain companies who conduct large and quick...more

Mintz - Employment, Labor & Benefits...

Staffing Companies Hit with Class Action Alleging Violation of Fair Credit Reporting Act

Fair Credit Reporting Act class actions remain on the rise. The latest one of note was recently filed in Maryland federal court against staffing agencies Aerotek, Inc. and Allegis Group, Inc., alleging that they violated the...more

Faegre Drinker Biddle & Reath LLP

Sixth Circuit Voids FLSA Collective Action Waiver Signed as Part of Separation and Release Agreement in Killion v. KeHE...

On July 30, 2014, the Sixth Circuit Court of Appeals invalidated a collective action waiver signed as part of a separation and release agreement. The ruling is significant because it is the first time a federal appellate...more

Franczek P.C.

Under the FLSA, the NLRB Says Even "Non-Concerted" Activity Can Be Concerted

Franczek P.C. on

My colleagues and I have noted repeatedly over the past couple of years that the National Labor Relations Board takes a very expansive view of the National Labor Relations Act, even (and perhaps especially) when the case does...more

Bennett Jones LLP

New Mass Termination Claim Certified in Ontario

Bennett Jones LLP on

On January 2, 2014, Justice Perell certified a class action alleging that, among other things, a group of over 500 putative class members had been wrongfully dismissed by their former (now insolvent ) employer. Justice...more

Morrison & Foerster LLP

Employment Law Commentary -- Volume 25, Issue 5 -- May 2013: When Is a Complaint a Complaint? After Kasten and beyond

Employees, like a lot of people, complain. Work may be too hard, it may be too easy, and for many people work may never be quite right. As they say, the grass is always greener on the other side. But when does a passing...more

Proskauer Rose LLP

Second Circuit Orders Arbitration and Reverses District Court’s Decision in Parisi v. Goldman, Sachs & Co., Finding No Substantive...

Proskauer Rose LLP on

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

27 Results
 / 
View per page
Page: of 2

"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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide