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Seventh Circuit Rejects Rule 67 Deposit Into Court Account as Easier Alternative to Rule 68 Offer of Judgment

Over the years, Rule 68 offers of judgment have been touted as a means of picking off class representatives and a potentially easy way to terminate a class or collective action before it starts. It rarely really works that...more

New York District Court Denies Conditional Certification of Second FLSA Collective Action

Because of the low standard employed by many courts, decisions denying conditional certification in FLSA cases are generally in the minority, but some careful courts will continue to make such decisions. A recent case is...more

Unanimous Supreme Court Finds Security Screening Time NOT Compensable

Security screening has become more common over the past decade, both to promote security for some employers and to deter employee theft for others. A growing issue in wage and hour law, at least until this morning, was...more

Seventh Circuit Rejects Attorney Fee Award Premised on Administrative Costs

As we’ve commented before, class actions frequently take on a life of their own. They involve large sums of money, frequently raise difficult discovery and case management issues, and are subject to surprises for all the...more

Merits Trump Certification Issues in Two Southern District of New York Cases

Three years ago, the Supreme Court found in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541, 2551-52 (2011) that courts “frequently” will need to look to the merits in determining whether certification is appropriate,...more

Sixth Circuit Affirms Dismissal of Class Claims Regarding Disability Benefits

ERISA benefit claims are frequently of only modest size individually, but can become overwhelming in a class context. A decision this week from the Sixth Circuit affirms the dismissal of a putative class-wide disability claim...more

Washington (State) District Court Dismisses Putative ADA Class Action

As we’ve commented before, disability claims are particularly poor fodder for class actions. Unlike other protected traits, there are often threshold questions as to whether an individual is even in a protected class. Even in...more

New York District Court Dismisses Putative ERISA Class Alleging Illegal Kickbacks

Sometimes in the rush to meet Rule 23(a) and (b)’s requirements, what gets overlooked is whether there is any underlying claim in the first place. In a refreshing opinion, the Southern District of New York disposed of a...more

California District Court Disqualifies Class Counsel for Conflict of Interest

Is more of a good thing a better thing? In some contexts, not, as reflected by a recent case from the Northern District of California. In Lou v. Ma Laboratories, Inc., Case No. C 12-05409 WHA (N.D. Cal. Jan. 8, 2014), the...more

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