News & Analysis as of

Mootness Class Action Collective Actions

Seyfarth Shaw LLP

Opt Ins are Out (of Luck) Appealing Decertification

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With all the drama of a get-away chase, the Third Circuit recently brought to a screeching halt plaintiffs’ counsel’s elaborate maneuvers to end run repeated decertification of their FLSA actions, and held as a matter of...more

Cole Schotz

Supreme Court Holds That Unaccepted Offer of Judgement Does Not Moot Class Action

Cole Schotz on

As many employers facing wage and hour class and collective actions are aware, defendant employers often attempt to make an offer of judgment to a named plaintiff in an attempt to moot class and collective actions. On...more

Ballard Spahr LLP

U.S. Supreme Court Ponders Whether an Unaccepted Rule 68 Offer Can Moot a Plaintiff’s Claims as It Hears Argument in Gomez

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The U.S. Supreme Court heard oral argument in Campbell-Ewald Co. v. Gomez on October 14, 2015, an important case presenting the question of whether a defendant can defeat a class action by offering complete individual relief...more

Foley & Lardner LLP

The Supreme Court Preview, Part I: The Court To Overhaul Class Actions?

Foley & Lardner LLP on

A fresh Supreme Court term has kicked off, with a new slate of cases awaiting the Court’s decision. Among these cases are several that the automotive industry should keep an eye on, as they impact the law in ways that will...more

Proskauer Rose LLP

California Employment Law Notes - May 2013

Proskauer Rose LLP on

Kenneth Hatai sued his employer (CalTrans) and his supervisor (Sameer Haddadeen), alleging discrimination based on his Japanese ancestry and the fact that he was not of Arab ancestry like Haddadeen. The case was tried to a...more

Ballard Spahr LLP

Supreme Court Ruling on Employee’s Lawsuit Will Also Affect Rule 23 Class Action Cases

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In a decision that has broad implications beyond its labor law context, the U.S. Supreme Court held on April 16, 2013, that an employee plaintiff in a collective action whose individual claim was mooted by her employer’s...more

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

Supreme Court Rules FLSA Class Action Properly Dismissed For Mootness

On April 16, 2013, with Justice Clarence Thomas writing for a 5-4 majority, the U.S. Supreme Court ruled that a collective action brought by a worker under the Fair Labor Standards Act (FLSA) was properly dismissed because...more

Fisher Phillips

Supreme Court Rules Dismissal Of FLSA Collective Actions Are Appropriate When Individual Claim Is Rendered Moot

Fisher Phillips on

On April 16, 2013 the U.S. Supreme Court upheld the concept that a wage and hour collective action brought pursuant to the Fair Labor Standards Act (FLSA), can be dismissed for lack of subject matter jurisdiction when the...more

Carlton Fields

Genesis Healthcare Corp. v. Symczyk - Class Actions Are Fundamentally Different From Collective Actions

Carlton Fields on

The FLSA establishes federal minimum-wage, maximum hour, and overtime guarantees that cannot be modified by contract. Section 16(b) of the FLSA gives employees the right to bring a private cause of action on their own behalf...more

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