The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
(Podcast) The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
Fifth Circuit Affirms District Court’s Striking of Class Allegations
Eighth Circuit Reverses Dismissal of Putative Class Claims
Nota Bene Episode 98: The U.S. Supreme Court’s Mark on U.S. Antitrust Law for 2020 with Thomas Dillickrath and Bevin Newman
Class Action Suit Against Instagram for New Terms of Service Dismissed
On June 10, 2021, the First Circuit Court of Appeals upheld the dismissal of a plaintiff’s lawsuit alleging, among other things, failure to pay wages under the Massachusetts Wage Act. In Rose v. RTN Federal Credit Union, the...more
I read an interesting article in the Morrison & Foerster blog the other day about a case where a class was de-certified because it appeared there was a problem with the lawyers for the class. As the blog post notes, defense...more
Employers faced with escalating employee overtime costs may consider implementing an alternative pay plan called the fluctuating workweek (FWW). In short, in return for paying a guaranteed salary to non-exempt employees, FWW...more
Court Dismisses Ostensible Agency Claim on Motion for Reconsideration - A federal court in California has granted a motion for reconsideration in light of recent Ninth Circuit precedent, reversing the district court’s...more
Last week, a federal judge in Chicago rejected the class action claims of Chicago Police Department (CPD) SWAT officers who sued the City for overtime pay for transporting, loading/unloading, and storing equipment that they...more
In response to three questions asked of it by the United States Court of Appeals for the Ninth Circuit, the California Supreme Court opined as follows...more
A recent federal court decision may bring about a new wave of overtime claims by offshore workers, particularly those working within the territorial waters of Louisiana, Mississippi, and Texas (Halle v. Galliano Marine...more
Until recently, there has been inconsistency as to what constitutes a “joint employer” under the Fair Labor Standards Act (FLSA). Under the FLSA, “joint employment” exists when “employment by one employer is not completely...more
On August 7, 2015, the Second Circuit ruled that suits brought under the Fair Labor Standards Act (“FLSA”) cannot be resolved privately and require approval of a federal court or supervision by the U.S. Department of Labor...more
In Landers v. Quality Communications (9th Cir. 12-15890-1/26/15), the Court of Appeal affirmed the district court's order dismissing plaintiff's complaint pursuant to Rule 8 of the Federal Rules of Civil Procedure finding...more