James Sigel on Class Action

This Week At The Ninth: Common Issues and ERISA Assignment

This week, the Ninth Circuit considers when common issues predominate in wage-and-hour litigation and analyzes the assignment of the right to sue for nonpayment of benefits under ERISA. MILES v. KIRKLAND'S STORES, INC....more

1/17/2024 / Class Action , Employee Benefits , Employee Retirement Income Security Act (ERISA) , Employer Group Health Plans , Fiduciary , Putative Class Actions , Wage and Hour

This Week At The Ninth: Individualized Issues And Secret Proceedings

This week, the Court addresses when individualized issues may preclude class certification, and considers the public’s right of access to court proceedings seeking third-party assistance with criminal investigations. The...more

3/21/2023 / Class Action , Class Certification , Class Members , Criminal Investigations , FRCP 23 , Public Interest , Right of Access

This Week at the Ninth: Class Opt-Outs and Non-Renewed Contracts

This week, the Ninth Circuit addresses the immediate appealability of orders invalidating class action opt-outs, and considers whether a decision not to renew a contract is an adverse employment action for purposes of a Title...more

9/12/2022 / Adverse Employment Action , Class Action , Class Members , Employer Liability Issues , Employment Discrimination , First Amendment , Interlocutory Appeals , Jurisdiction , Opt-Outs , Title IX

This Week at The Ninth: Class Certification and Misclassification

This week, the Court takes a close look at the standards for certifying a class action under Rule 23 and for classifying someone as an employee or independent contractor under California law. ...more

7/8/2022 / Class Action , Class Certification , Corporate Counsel , Employee Definition , Employer Liability Issues , Independent Contractors , Misclassification , Over-Time , Wage and Hour , Wage Orders

This Week at The Ninth: Class Settlement and Certification

This week, the Court addresses objectors’ challenges to the approval of a settlement of class and California Labor Code Private Attorney General claims, and considers the propriety of certifying a class with parties who...more

2/22/2022 / Class Action , Class Members , Employer Liability Issues , Labor Code , Private Attorneys General Act (PAGA) , Settlement Agreements , State Labor Laws

This Week at the Ninth: The IGRA “Two-Step” and Class Action Collusion

This week: the Ninth Circuit elaborates on the Indian Gaming Regulation Act’s “two-step determination” regarding the effects of a new casino on tribal land and clarifies when a post-certification class action settlement...more

6/7/2021 / Administrative Procedure Act , Casinos , Class Action , Department of the Interior , Gambling , Indian Gaming , Indian Gaming Regulation Act , Native American Issues , Settlement Agreements , Tribal Governments , Tribal Lands

This Week At the Ninth: Surgical Robots and Scienter

This week, we take a look at one decision considering when California law requires application of California’s statute of limitations, and another reiterating the strict standard for pleading scienter in a securities fraud...more

4/12/2021 / Choice-of-Law , Class Action , Equitable Estoppel , Misleading Statements , Scienter , Securities Fraud , Statute of Limitations , Tolling Agreement

This Week at the Ninth: Trans Fat and Stolen Emails

This week, we take a look at one Ninth Circuit decision addressing the difficult Article III issues that arise in certain types of consumer class actions, and another in which the Ninth Circuit examined the application of the...more

12/10/2020 / Abuse of Discretion , Article III , Class Action , Corporate Counsel , Electronic Communications , Email , Genuine Issue of Material Fact , Injury-in-Fact , Standing , Stored Communications Act

This Week at The Ninth: Answers and Amounts in Controversy

This week, we take a look at two decisions tackling novel procedural issues. In the first, the Court strictly applied the amount-in-controversy requirement of the Class Action Fairness Act, faulting a defendant for not...more

11/20/2020 / Affirmative Defenses , Amount in Controversy , Breach of Contract , CAFA , Calculation of Damages , Class Action , Corporate Counsel , Employment Litigation , Motion to Remand , Remand , Sua Sponte , Summary Judgment

This Week at The Ninth: The FAA and the FAAAA

This week at This Week, we take a look at two cases that divided the panels deciding them. In the first, the Ninth Circuit (splitting from the Fourth) held an arbitration clause the plaintiff had signed with a third party to...more

10/5/2020 / Arbitration , Arbitration Agreements , Class Action , Common Law Claims , DirectTV , Federal Arbitration Act , Federal Aviation Administration Authorization Act of 1994 (FAAAA) , Preemption

James Sigel

Morrison & Foerster LLP

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