The Ninth Circuit Court of Appeals recently underscored that removal practice under the Class Action Fairness Act (CAFA) differs in some important respects from traditional removal practice in non-CAFA cases. It did so...more
10/30/2019
/ Amount in Controversy ,
Appeals ,
Attorney's Fees ,
CAFA ,
Class Action ,
Dart Cherokee Basin Operating Co. v. Owens ,
Employment Litigation ,
Federal Jurisdiction ,
Hospitality Industry ,
Marriott ,
Putative Class Actions ,
Remand ,
Removal ,
Rest and Meal Break ,
Sua Sponte ,
Unpaid Wages ,
Wage and Hour ,
Wage Statements
The Fifth Circuit recently became the first federal court of appeals to hold that employees who signed arbitration agreements should not receive notice of collective actions. This case of first impression among the courts of...more
After winning the World Cup on Sunday with a thrilling 2-0 victory over the Netherlands, the U.S. women’s national soccer team laid claim to being the best women’s soccer team in history. They celebrated their victory at the...more
7/9/2019
/ Class Action ,
Disparate Treatment ,
EEO-1 ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Fair Labor Standards Act (FLSA) ,
Gender-Based Pay Discrimination ,
Legislative Agendas ,
Sex Discrimination ,
Soccer ,
Trump Administration ,
Wage and Hour ,
Women in Sports ,
World Cup
The Ninth Circuit vacated a remand order implicating the local and home-state controversy exceptions to CAFA jurisdiction in a putative class action by former California resident employees of Kentucky Fried Chicken (KFC) for...more
11/6/2018
/ CAFA ,
Class Action ,
Class Members ,
Employer Liability Issues ,
Employment Litigation ,
Franchises ,
Home State Exception ,
Jurisdiction ,
Kentucky Fried Chicken ,
Labor Law Violations ,
Remand ,
State and Local Government ,
State Labor Laws ,
Vacated ,
Wage and Hour
On August 31, the Ninth Circuit continued its trend of certifying “no injury” classes, this time in the context of an Agricultural Workers’ Protection Act claim that a Washington state fruit and vegetable farm violated the...more
On April 4, the United States Supreme Court denied certiorari review of a $188 million class-action judgment returned against Wal-Mart in Pennsylvania state court and later upheld by the Pennsylvania Supreme Court regarding...more
Tyson Foods lost its bid to overturn an almost $3 million class action judgment against it in a case brought by workers at an Iowa pork-processing factory who contended they did not receive overtime pay for time spent...more
A divided panel of the Fourth Circuit ruled that a South Carolina district court judge improperly applied Wal-Mart Stores, Inc. v. Dukes in decertifying disparate treatment and disparate impact claims challenging promotion...more