Decertify

Revocation Of EHR Certification Rocks Industry

by Henry Fader | Pepper Hamilton LLP on 4/30/2013

The news from the Office of the National Coordinator for Health IT (ONC) about the revocation of the electronic health record (EHR) certifications of two EHR products that had previously been certified will have tremendous...more

Cables Sliced on Class Action in Comcast Corp. v. Behrend

by Carolyn Budzinski, Christine Levin | Dechert LLP on 3/29/2013

Key Points - - Comcast Corp. v. Behrend clarifies that the Court's 2011 decision in Wal-Mart v. Dukes, which requires an inquiry into the merits to the extent necessary to resolve Rule 23 issues, extends to antitrust...more

Beneath the Radar: The Seventh Circuit Quietly Overhauls FLSA Collective Action Litigation

by Christopher C. Murray | Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/1/2013

With a few casual sentences, the Seventh Circuit Court of Appeals has called into question the standards used by most district courts for the past three decades to certify collective actions under the Fair Labor Standards Act...more

Seventh Circuit Rejects Class Trial By [Un]Representative Sample

by Rodger Eckelberry | Foley & Lardner LLP on 2/19/2013

In Espenscheid v. DirectSat USA, LLC, Case No. 12-1943 (7th Cir. Feb. 4, 2013), in a combined collective/class action asserting claims under the Fair Labor Standards Act and state law, three satellite installation technicians...more

Seventh Circuit Addresses FLSA Class Certification Standards

by Dean Razavi, Bruce Sabados | Katten Muchin Rosenman LLP on 2/19/2013

The US Court of Appeals for the Seventh Circuit has held that the same standards governing Rule 23 class certification claims apply to wage-and-hour “collective action” claims brought under the Fair Labor Standards Act...more

Seventh Circuit Holds That FLSA and Rule 23 Certification Standards Are the Same and Affirms Denial of Certification Based on Lack...

by Sara Dionne, Shannon Seekao, Julie Totten | Orrick - Global Employment Law Group on 2/13/2013

A recent opinion by the Seventh Circuit holds that the standard for certifying a collective action under the FLSA is the same as the standard applied to a class action under Rule 23....more

Ohio District Court Decertifies Class of Health Care Workers in Meal Break Case

by Greg Mersol | BakerHostetler on 2/12/2013

We’ve commented several times in the past on the importance of the second phase of the two-step procedure now commonly employed by district courts in Fair Labor Standards Act cases. Under that procedure, courts will...more

New Seventh Circuit Decision May Pave the Way for More Stringent Certification Standards in FLSA Collective Actions

by Laurent Badoux, Kathryn Siegel, Adam Wit | Littler on 2/12/2013

In a decision that may significantly impact certification and decertification decisions in FLSA collective actions, a three-judge panel of the Seventh Circuit Court of Appeals upheld the decertification of a Rule 23 class and...more

New 7th Circuit Opinion Explains Plaintiff's Obligation to Have a Trial Plan to Maintain Class Certification

by Thomas R. Kaufman | Sheppard Mullin Richter & Hampton LLP on 2/6/2013

On February 4, 2013 in Espenscheid v. DirectSat USA, LLC , a Seventh Circuit panel unanimously affirmed a Wisconsin District Court judge's decision to decertify a large off-the-clock overtime class action. Judge Richard...more

Class Decertification, Case Law Update – Campbell v. First American Title Insurance Company

by Schecter Law on 1/14/2013

A class action is a lawsuit where one or members of a class may sue or be sued as representative parties on behalf of all members. The class action must have the characteristics of commonality, adequacy, numerosity, and...more

Developments in Law, Factual Discovery Lead Federal Judge to Decertify Class Action

by Jennifer M. Keas | Foley & Lardner LLP on 12/24/2012

In Campbell v. First American, a federal judge in Maine has issued a ruling decertifying a class action involving claims that First American Title Insurance Co. overcharged refinance customers for their title insurance....more

Illinois Supreme Court Takes Broad View of Courts' Power to Decertify a Class

by Kirk Jenkins | Sedgwick LLP on 12/14/2012

Section 2-802(a) of the Illinois Code of Civil Procedure provides that an order certifying a class action “may be conditional and may be amended before a decision on the merits.” 735 ILCS 5/2-802(a)....more

Pennsylvania Court Decertifies Class in Fiduciary Breach Case Against H & R Block

by Ronald Wick | Cozen O'Connor on 9/11/2012

The Pennsylvania Supreme Court last week upheld the decertification of a class of H&R Block customers challenging the tax preparer’s “Rapid Refund” program as deceptive, holding that the existence of a confidential...more

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