News & Analysis as of

Trucking Industry Class Certification

Bradley Arant Boult Cummings LLP

It’s What I Said Before: DOL’s Opinion Reversal Does Not Sway Arkansas Federal Court

When the Department of Labor (DOL) withdraws one of its previous opinion letters and issues a new interpretation, should a court to change its ruling? No — not according to a federal judge in Arkansas....more

Dorsey & Whitney LLP

The Supreme Court - January 15, 2019

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The Supreme Court of the United States issued the following two decisions today: New Prime Inc. v. Oliveira, No. 17-340: Respondent Dominic Oliveira works as a driver for petitioner New Prime, Inc., an interstate trucking...more

Sheppard Mullin Richter & Hampton LLP

The Dynamex Decision: The California Supreme Court Restricts Use of Independent Contractors

On Monday, April 30, 2018, the California Supreme Court issued a landmark decision in the matter of Dynamex Operations West, Inc. v. Superior Court of Los Angeles. In a voluminous, 82-page decision, the California Supreme...more

Bennett Jones LLP

Common Defect Found in Multiple-Model Product Liability Class Action

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In a recent case before the British Columbia Supreme Court, N&C Transportation Ltd. v. Navistar International Corp., 2016 BCSC 2129 [N&C], Justice Skolrood certified a multiple-model product liability class action after...more

Carlton Fields

Third Circuit Affirms Denial of Class Certification Because Expert’s Exclusion of Relevant Data From Analysis of Classwide...

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The Third Circuit affirmed an order denying class certification because the plaintiffs failed to provide sufficient evidence of classwide antitrust impact, and thus, could not satisfy Rule 23(b)(3)’s predominance requirement....more

Troutman Pepper

November 2016 Independent Contractor Misclassification and Compliance News Update

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Our news update for last month highlights the fact that IC misclassification lawsuits are happening across the country and in virtually every industry, both in the on-demand economy and in more traditional business sectors....more

Carlton Fields

Eleventh Circuit Clarifies CAFA Jurisdiction Continues After Dismissal of Class Claims

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On November 22, the Eleventh Circuit clarified that Class Action Fairness Act (CAFA) jurisdiction is not eliminated when the class claims are dismissed before the class is certified. The plaintiff, an Alabama trucking...more

Troutman Pepper

July 2016 Independent Contractor Misclassification and Compliance News Update

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Four of the five independent contractor (IC) misclassification cases reported below from July 2016 illustrate how companies continue to fail to structure, document, and implement a business’s IC relationships in a manner that...more

Carlton Fields

California Supreme Court Upholds Validity Of Class Action Waivers In Employment Arbitration Agreements; Prohibits Waivers For...

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The California Supreme Court has upheld the validity of class action waivers in employment arbitration agreements, reversing its prior rule that California courts could refuse to enforce such waivers on grounds of public...more

Carlton Fields

Eighth Circuit Affirms Pre-Certification, Pre-Merits Discovery Summary Judgment

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The Eighth Circuit affirmed a pre-certification summary judgment in favor of Bridgestone Retail Operations in a putative class action where the Plaintiff alleged that in connection with vehicle repairs Bridgestone had...more

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