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Interlocutory Appeals Class Action

The Wagner Law Group

Forfeiture Cases – Update

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Last year, we alerted you to the filing of several class action lawsuits alleging that plan fiduciaries violated their duties of prudence and loyalty under Title I of ERISA by applying forfeitures to reduce employer...more

Robinson Bradshaw

When a Rule 23(f) Appeal Becomes Something More: Fourth Circuit Exercises Pendent Appellate Jurisdiction Over Ruling on the Merits

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Federal Rule of Civil Procedure 23(f) gives the court of appeals discretion to review a narrow class of interlocutory orders: those granting or denying class certification. But it is sometimes possible for other orders to...more

Robinson+Cole Class Actions Insider

Pendent Appellate Jurisdiction in Class Actions Addressed by Fourth Circuit

When a class certification decision overlaps with merits issues, can a court of appeals deciding an interlocutory appeal from a class certification order also review an earlier decision on a motion to dismiss if it was...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Asked to Resolve District Court Split on Ohio Class and Collective Action Rules

On January 3, 2024, the defendant in Heppard v. Dunham’s Athleisure Corporation filed an interlocutory appeal to the U.S. Court of Appeals for the Sixth Circuit, arguing that the U.S. District Court for the Eastern District...more

McGlinchey Stafford

Ohio Appeals Court Issues Landmark PFAS Decision

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The case of Hardwick v. 3M, a Per- and polyfluoroalkyl substances (PFAS) class action lawsuit filed in Ohio, has been marked as one of the most significant legal cases in recent history. The Sixth Circuit Court of Appeals...more

Seward & Kissel LLP

Employment Litigation Roundup: December 2023

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Delaware court declines to enforce restrictive covenants in LLC agreement but grants interlocutory appeal. In Sunder Energy v. Jackson, et al., a company, Sunder, sued a former employee, Jackson, for breaching a...more

Carlton Fields

Expect Focus - Volume III, September 2023

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Regulators Hit Jackpot: Off-Channel Communications - Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about...more

Carlton Fields

SCOTUS Removes Burden Handicapping Appeals Seeking Arbitration

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The U.S. Supreme Court’s June 2023 decision in Coinbase Inc. v. Bielski requires that district court litigation in any matter remain in the starting gate while any appeal from a denial of a motion to compel arbitration in...more

Morrison & Foerster LLP

Coinbase v. Bielski – SCOTUS Authorizes Automatic Stays Pending Decision of Arbitrability

In a recent 5-4 decision reversing the Ninth Circuit and settling a circuit split, the Supreme Court of the United States in Coinbase v. Bielski held that a district court must stay its proceedings while an interlocutory...more

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Puts Lawsuits on Hold Pending Appeal of Arbitration Agreements

For many employers, mandatory arbitration agreements have become a popular alternative to judges and juries hearing employment disputes. These employers view arbitration as a more predictable alternative than jury pools found...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

In Big Win for Employers, U.S. Supreme Court Rules Court Proceedings Must Be Stayed During Appeal Over Arbitration

On June 23, 2023, the Supreme Court of the United States held district court proceedings must be put on hold during an appeal on the question of whether claims are subject to arbitration. The ruling is a big win for...more

Epstein Becker & Green

Federal Court in Virginia Adopts One-Step Approach to FLSA Collective Action Certification

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A little over two years ago, the U.S. Court of Appeals for the Fifth Circuit became the first federal appellate court in the country to reject the widespread and longstanding two-step approach of first “conditionally”...more

Jackson Lewis P.C.

U.S. Supreme Court to Decide Whether Appeal of Denial of Motion to Compel Arbitration Stays Litigation

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The U.S. Supreme Court will decide whether the appeal of a denial of a motion to compel arbitration mandates that the district court stay litigation pending appeal or permits the district court to decide on a case-by-case...more

Kilpatrick

Sixth Circuit grants Rule 23(f) interlocutory review in one of the largest class actions ever

Kilpatrick on

Takeaway:  In the U.S. Supreme Court’s seminal decision in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 342 (2011), the court described a class consisting of 1.5 million class members as “one of the most expansive” classes...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Class Opt-Outs and Non-Renewed Contracts

This week, the Ninth Circuit addresses the immediate appealability of orders invalidating class action opt-outs, and considers whether a decision not to renew a contract is an adverse employment action for purposes of a Title...more

Fox Rothschild LLP

Can Out-Of-State Opt-Ins Join A FLSA Class Action: First Circuit Decision Creates Split In Circuits, Signaling Possible Supreme...

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There has, of late, been a lot of controversy over whether workers who live outside a State where a FLSA class action is being litigated can opt-in to that action. Different Circuits have ruled differently on this crucial...more

Latham & Watkins LLP

Ninth Circuit’s Slack Decision Forges New Ground for Securities Act Liability Related to Direct Listings

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The decision appears to create a new rule for determining standing to bring Securities Act claims in the context of direct listings. The Slack Direct Listing Decision - On September 20, 2021, the US Court of Appeals...more

Goodwin

Northern District Of Illinois Holds COVID-19, Not TD Ameritrade, Responsible For Trading Losses

Goodwin on

IN THIS ISSUE - Illinois Federal Judge Finds COVID-19, Not TD Ameritrade, Responsible for Losses; Supreme Court to Address Scope and Application of Basic Presumption of Classwide Reliance in Securities Class Actions;...more

Knobbe Martens

Voluntary Dismissal With Prejudice Does Not Preclude Attorney’s Fees

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KEITH MANUFACTURING CO. v. BUTTERFIELD - Before Taranto, Clevenger, and Hughes. Appeal from the United States District Court for the District of Oregon. Summary: A voluntary dismissal with prejudice under Rule 41(a)...more

Foley & Lardner LLP

D.C. Circuit Sidesteps Bristol-Myers Personal Jurisdiction Defense in Class Action, but Seventh Circuit Rejects It

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This week, two federal appellate courts published notable opinions on the intersection between personal jurisdiction jurisprudence and Rule 23 class action procedure. The defendants in both cases face nationwide class...more

Robinson+Cole Class Actions Insider

Does Bristol-Myers Squibb Apply to Class Actions? D.C. and Seventh Circuit Issue New Decisions

This week the D.C. Circuit and Seventh Circuit issued decisions addressing a question that has been hotly debated by class action lawyers on the plaintiffs’ and defense sides: whether the Supreme Court’s decision on personal...more

King & Spalding

District Court Rescinds Order Decertifying Class After Ninth Circuit Reversal—Despite the Supreme Court’s Determination that...

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On January 8, 2020, the U.S. District Court for the Central District of California reinstated its June 2014 class certification order, holding that the named plaintiff’s full refund damages model was consistent with his...more

Seyfarth Shaw LLP

An Employee Not Actually Engaged in the Company’s Core Function—its Primary Revenue Generator—Can Be Administrative Exempt

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Seyfarth Synopsis: In a clarification of the administrative/production dichotomy, the U.S. Circuit Court of Appeals for the Seventh Circuit has held that whether a duty is exempt under the FLSA’s administrative exemption may...more

Nutter McClennen & Fish LLP

Product Liability 2019 Year in Review

Massachusetts state and federal courts issued a number of important product liability decisions in 2019. The Product Liability practice group at Nutter recently reviewed these cases. Highlighted below are some of the key...more

Patterson Belknap Webb & Tyler LLP

Update: Flushable Wipes

A few months ago, we wrote about the Second Circuit’s oral argument in the “flushable” hygienic wipes consumer class action cases. And now, the septic saga continues....more

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