News & Analysis as of

De Minimis Claims Class Certification

Haug Partners LLP

En Banc 9th Circuit Puts Packaged Tuna Antitrust Classes Back in the Case, Dissent Warns of a “Tidal Wave Of Monstrously Oversized...

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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

Haug Partners LLP

9th Circuit Filets Tuna Classes, Holding That District Courts Must Evaluate the Degree of Uninjured Class Members Prior to...

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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

Payne & Fears

Key California Employment Law Cases: December 2018

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This month’s key employment law cases address meal periods and payment of wages....more

Bradley Arant Boult Cummings LLP

First Circuit Restricts Class Certification of Classes Containing Uninjured Persons

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

Seyfarth Shaw LLP

Ninth Circuit Roundly Supports Time Punch Rounding

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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

Robinson & Cole LLP

Can A Certified Class Include Uninjured Parties? First Circuit Majority Says “Yes,” In Some Instances

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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

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