Rule 23

California Courts Issue Multiple Decisions for Employers in Class Cases

by Greg Mersol | BakerHostetler on 5/17/2013

Just two years ago, a California case declining certification of an action would have been cause for comment. But since then, in 2011 the United States Supreme Court decided Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541...more

Pick Off the Plaintiff? Rule 68 Offers of Judgment Gain Significant Importance Following New Supreme Court Decision

by R. Scott Adams | Spilman Thomas & Battle, PLLC on 5/17/2013

Last month, the United States Supreme Court (Supreme Court) provided an unexpected gift to entities facing collective actions under the Fair Labor Standards Act (FLSA) by holding that defendants may moot such a case by making...more

“Picking Off” Plaintiffs in FLSA Collective Actions: Genesis HealthCare Corp. v. Symczyk

by Andrea Brown, Lynne Hermle, Mark R. Thompson | Orrick - Global Employment Law Group on 5/7/2013

Earlier this month in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), the U.S. Supreme Court held that it is permissible for defendants to “pick off” plaintiffs in FLSA collective actions. In jurisdictions that...more

Bankruptcy Claims vs. Class Actions: Southern District of New York Finds Class Action Process Superior

by Ferve Ozturk | BakerHostetler on 5/2/2013

In bankruptcy proceedings, is a class action superior to the claims administration process as a vehicle for resolving claims under the federal and New York State Workers Adjustment and Retraining Notification Act (the “WARN...more

Genesis Healthcare v. Symczyk: Nearly as Many Questions as Answers

by Kirk Jenkins | Sedgwick LLP on 4/24/2013

When the petition for certiorari in Genesis Healthcare Corp. v. Symczyk was granted, it appeared that the Supreme Court was poised to resolve a clear split in the Circuits about the permissibility of “pick off” moves, at...more

ERISA Legal News - 1st Quarter, 2013 • Volume 4, Number 1

by Kimberly Ruppel | Dickinson Wright on 4/23/2013

In This Issue: - Supreme Court Update: Where Plan Reimbursement Or Recovery Terms Are Ambiguous Or Silent,Equitable Doctrines May Fill The Gaps: US Airways, Inc. v. McCutchen, 569 U.S. ___ (2013). In an...more

The Hard Stop On ‘Adventurous Innovation’ In Class Action Litigation: The United States Supreme Court’s Decision In Comcast v....

by Livia Kiser, Michael Mallow | Loeb & Loeb LLP on 4/22/2013

Comcast v. Behrend is the latest opinion issued by the U.S. Supreme Court interpreting and applying the procedural rules governing class actions set out in Federal Rule Civil Procedure 23. In order to obtain certification of...more

Comcast v. Behrend: New Opportunities for Class Action Defendants?

by Matthew Ball, Jason Haycock | K&L Gates LLP on 4/19/2013

The Supreme Court’s recent opinion in Comcast Corp. v. Behrend all but invites defendants to make a number of arguments when attempting to defeat class certification. The Behrend case is therefore the latest move by the U.S....more

Ninth Circuit Finds Rule 23 Class Actions and FLSA Collective Actions Compatible

by Greg Mersol | BakerHostetler on 4/19/2013

As we’ve noted before, circuit court authority on collective action issues is relatively sparse. Although we like to comment on such cases, the most recent such opinion is in many respects a nonevent. ...more

Supreme Court Rules FLSA Collective Action Is Moot When The Individual Plaintiff's Claims Are Resolved Before Certification

by Sarah Crooks, Bruce Michael Cross, William Stafford | Perkins Coie on 4/19/2013

On April 16, 2013, the U.S. Supreme Court concluded, in a 5-4 decision, that when the individual plaintiff in a "collective action" under the Fair Labor Standards Act (FLSA) resolves her own claims before certification, the...more

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

by Alan S. Kaplinsky, Mark J. Levin, Mariah Murphy | Ballard Spahr LLP on 4/18/2013

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

Supreme Court Ruling Nixes FLSA Collective Action

by Alexandra Bak-Boychuk, David Fryman | Ballard Spahr LLP on 4/18/2013

In a 5-4 decision issued on April 16, 2013, the U.S. Supreme Court reversed the U.S. Court of Appeals for the Third Circuit and held that an unaccepted Rule 68 offer of full relief to a named plaintiff extinguished a putative...more

Labor And Employment Insight: Supreme Court Ruling In Genesis Generates Discussion On Employer FLSA Strategy

by Amy Conway | Leonard, Street and Deinard on 4/18/2013

The U.S. Supreme Court held yesterday in Genesis Healthcare Corp. v. Symczyk that if a sole plaintiff's putative Fair Labor Standards Act (FLSA) collective action claim is mooted, the entire case must be dismissed....more

Supreme Court Weighs In On FLSA Class Action Issues

by A. Craig Cleland, Michael Fox, Patrick Hulla | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/18/2013

On April 16, 2013, the U.S. Supreme Court ruled in Genesis Healthcare Corp. et al. v. Symczyk that a collective action brought by a worker under the Fair Labor Standards Act (FLSA) was properly dismissed because the worker’s...more

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

by Fisher & Phillips LLP on 4/17/2013

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

Data Breach Class Actions Can't Survive Certification Without Expert Testimony On Classwide Damages

by Amelia Gerlicher, James McCullagh | Perkins Coie on 4/17/2013

This is the latest opinion in the ongoing litigation arising out of a massive data breach suffered by Hannaford Bros. grocery stores. In re Hannaford Bros. Privacy Litigation, __F. Supp. 2d __, Case No. 2:08-MD-1954-DBH, 2013...more

View From Proskauer: U.S. Supreme Court Provides Defendants With More Ammunition for Defeating Class Certification by Requiring...

by Jacklina Len | Proskauer - ERISA Practice Center on 4/16/2013

The U.S. Supreme Court recently ruled in Comcast Corp. v. Behrend, 2013 WL 1222646 (U.S. Mar. 27, 2013) that, in order to obtain class certification, plaintiffs carry the burden of establishing not only that they have proof...more

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California Courts Issue Multiple Decisions for Employers in Class Cases

Pick Off the Plaintiff? Rule 68 Offers of Judgment Gain Significant Importance Following New Supreme Court Decision

“Picking Off” Plaintiffs in FLSA Collective Actions: Genesis HealthCare Corp. v. Symczyk

Bankruptcy Claims vs. Class Actions: Southern District of New York Finds Class Action Process Superior

Genesis Healthcare v. Symczyk: Nearly as Many Questions as Answers

ERISA Legal News - 1st Quarter, 2013 • Volume 4, Number 1

The Hard Stop On ‘Adventurous Innovation’ In Class Action Litigation: The United States Supreme Court’s Decision In Comcast v....

Comcast v. Behrend: New Opportunities for Class Action Defendants?

Ninth Circuit Finds Rule 23 Class Actions and FLSA Collective Actions Compatible

Supreme Court Rules FLSA Collective Action Is Moot When The Individual Plaintiff's Claims Are Resolved Before Certification

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

Supreme Court Ruling Nixes FLSA Collective Action

Labor And Employment Insight: Supreme Court Ruling In Genesis Generates Discussion On Employer FLSA Strategy

Supreme Court Weighs In On FLSA Class Action Issues

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

Data Breach Class Actions Can't Survive Certification Without Expert Testimony On Classwide Damages

View From Proskauer: U.S. Supreme Court Provides Defendants With More Ammunition for Defeating Class Certification by Requiring...

No April Fools: U.S. Supreme Court Suggests That the Lower Courts Stop Joking Around With Class Action Certification

Supreme Court Raises the Bar to Class Certification

United States Supreme Court Extends Class Certification “Rigorous Analysis” to Damages Evidence

Did You Know…A Sea Change In Class Action Certification

Big Developments in Class Actions Part 1: a “rigorous analysis” of Comcast Corp. v. Behrend

Antitrust and Competition Newsletter - April 2013

Supreme Court Holds Damages Must be Measurable on a Classwide Basis for Class Certification

Plaintiffs' Bar is Whistling Past the Graveyard on Comcast

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