On April 8, 2022, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, re-certified three classes of packaged tuna buyers, rejecting a Ninth Circuit panel-majority’s per se rule regarding a de minimis number of...more
The U.S. Court of Appeals for the 9th Circuit recently weighed in on the effect of uninjured class members on class certification—decertifying three classes in Olean Wholesale Grocery Coop. v. Bee Foods LLC. Olean concerned...more
This month’s key employment law cases address meal periods and payment of wages....more
In recent years, courts have reached divergent conclusions about the circumstances in which a damages class containing uninjured persons can be certified. Although there is some room to debate what constitutes injury, it is...more
The Ninth Circuit this week blessed an employer’s policy of rounding employee time punches to the nearest quarter hour, affirming summary judgment in favor of the company on an employee’s challenge to the rounding policy...more
One of the “hot” issues in class actions today is whether, or to what extent, a class can be defined to include members who were not injured, and do not have standing to sue. ...more