News & Analysis as of

Employer Prevails on Misclassification Claim Where Employee Fails to Prove Hours Worked

Greg Holaway worked as a Field Service Engineer for Stratasys, Inc. He was categorized as exempt from the provisions of the Fair Labor Standards Act (FLSA) requiring the payment of overtime. Even though his title was...more

Bernstein Shur Business and Commercial Litigation Newsletter #45

We are pleased to present the 45th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address the stay of discovery in securities litigation, the failure to...more

Supreme Court Oral Argument in Dart Cherokee Basin v. Owens

The U.S. Supreme Court heard oral argument this week in Dart Cherokee Basin Operating Co. v. Owens, No. 13-719. This case involves whether a defendant must provide evidence with its notice of removal under the Class Action...more

Eleventh Circuit Affirms Securities Fraud Class Certification, Remands for Evidence to Rebut Presumption of Market Efficiency

In Local 703 v. Regions Financial Corp., No. 12:14168 (Aug. 6, 2014), the Eleventh Circuit reviewed the certification of a securities fraud class action brought by investors against Regions for allegedly misrepresenting its...more

California Courts May No Longer Be Able to Certify a Ham Sandwich

Commentators have quipped that class certification is so easy in California that with little effort a group of plaintiffs could certify even a ham sandwich. In fact, we have seen a proliferation of recent appellate decisions...more

You need to prove your case: California Supreme Court confirms wage-and-hour defendants have right to argue individualized defense...

Class action trials have long been the bogeyman no one talks about in California. Parties had to address whether a class action was “manageable” before it was certified, but because the vast majority of class actions never...more

California Supreme Court Rejects Exceptionally Poor Sampling Method, But Leaves Open Many Questions About Sampling And Class...

In Duran v. U.S. Bank N.A., the California Supreme Court recently addressed an important question in the context of state-court class actions: Can plaintiffs invoke statistical sampling in an attempt to prove class-wide...more

California Supreme Court Pounds Another Nail into the Coffin of “Trial by Formula” in Class Actions

The California Supreme Court issued its long-awaited decision in Duran v. U.S. Bank National Association yesterday, addressing the use of statistical sampling as a way of evaluating aggregate liability and damages in a class...more

Try, Try Again: The California Supreme Court Sends “Fundamentally Flawed” Duran Case Back To The Trial Court

Employment class action defendants in California who were hoping for an unequivocal statement that statistical sampling has no place in class actions are likely to be disappointed by today’s ruling in Duran v. U.S. Bank, N.A....more

Supreme Court To Decide Evidentiary Requirements for Removal Notices in Class Actions

The U.S. Supreme Court has agreed to review the issue of what, if any, evidence a defendant must present in a notice of removal to remove a case to federal court based on the Class Action Fairness Act (CAFA). In granting the...more

Securities Class Actions Receive Increased Scrutiny: District Court Applies “Stringent Standards” Of Dukes And Comcast To Deny...

The United States District Court for the Northern District of Texas recently denied certification of a putative securities law class after finding that plaintiff failed to put forth actual facts showing adequacy and...more

Class-Action Plaintiffs Must Offer Evidence Showing That They Meet Class-Certification Requirements

A recent decision denying certification of a securities-fraud class action underscores that plaintiffs must prove with evidence that they satisfy the requirements of Federal Rule of Civil Procedure 23, not merely allege that...more

The New Normal: The Need for Damages Proof To Certify Consumer Classes Post-Comcast

In consumer class actions, the damages measure tends to remain undisclosed or ill-defined when plaintiffs move for class certification. Revealing as little as possible about damages allows plaintiffs to more flexibly adapt to...more

Class Actions in Italy: Milan Court of Appeal Adopts Wider Interpretation of Admissibility

On 3 March 2014, the Milan Court of Appeal overturned a previous decision issued by the Milan Tribunal, declaring a class action brought by an Italian consumers association, Altroconsumo, against local railway operator...more

Removal Evidence Need Not Be Perfect and Declaratory Relief Alone May Satisfy CAFA Amount-in-Controversy Requirement, says the...

Answering a question left undecided in other circuits, the Eleventh Circuit held in South Florida Wellness, Inc. v. Allstate Insurance Co., No. 14-10001 (Feb. 14, 2014) that a complaint seeking only declaratory relief “can be...more

En Banc Ninth Circuit Demands That Courts Serve As Gatekeepers For Expert Testimony — Will That Rule Be Extended to Class Actions?...

In the battle over class certification, expert testimony proffered by both plaintiffs and defendants is playing an increasingly important role. The Supreme Court has not yet decided whether the test for admissibility of...more

Third Circuit Applies Stringent Evidentiary Burden For Certification In Hayes v. Wal-Mart Stores, Inc.

In Hayes v. Wal-Mart Stores, Inc., 725 F.3d 349 (3d Cir. Aug. 2, 2013), the Third Circuit vacated the trial court’s certification order and remanded in light of its earlier decision, Marcus v. BMW of North America, LLC, 687...more

Real Property, Financial Services & Title Insurance Case Law Update: Weeks Ending August 30 & September 6, 2013

I. FLORIDA STATE CASES - ILAN NIEUCHOWICZ & SASHA FUNK GRANAI - Hearsay/Business Records Exception: court erred in considering testimony given by Association’s new management company concerning amounts owed to...more

The Illinois Supreme Court 2012: The Year in Review

During 2012, the Illinois Supreme Court filed seventy-one written opinions, thirty-nine in civil cases. Although the total opinion output was down somewhat from recent years, this represents the Court's highest number of...more

Southern District Rejects Evidence from "Confidential Witnesses" as Basis for Securities Class Action

A securities class action lawsuit against Canadian Solar, Inc. (CSI) was recently dismissed in the US District Court for the Southern District of New York for failing to adequately plead the required elements of a federal...more

Defending Commercial Class Actions: Recent Cases May be Giving the Defense an Edge

While the ripples from the United States Supreme Court’s 2011 decision in Wal-Mart v. Dukes are still being felt, the Court may make further class action waves this term with its pending decision in Comcast v. Behrend. This...more

Navigating Mass Torts and Product Liability (MTPL) Litigation in the U.S. Legal System: Litigation Challenges for Japanese MTPL...

In This Presentation: • Challenges of U.S. Courts • Specialized and Aggressive Plaintiff’s Bar and Contingency Fees • Jury Trials • Pretrial Discovery • Personal Jurisdiction • U.S.-Based Subsidiaries •...more

Proposals For Settlement: How To Draft Ones That Will Stick And How To Deal With Them When They Land On Your Desk

In This Presentation: - Offer of Judgment Statutes - 768.79 Offers - Rule 1.442 - What does an OJ include? - Shifting Defendant’s Fees - 768.79 Language - Shifting Plaintiff’s Fees - Subsequent Offers -...more

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