Social media has dramatically impacted many areas of law, and class and collective action litigation is no exception. Recently, a number of former interns who sued Gawker Media LLC and its owner Nick Denton (Gawker) for wage...more
4/17/2015
/ Class Action ,
Employer Liability Issues ,
Facebook ,
Gawker ,
LinkedIn ,
Opt-In ,
Popular ,
Service of Process ,
Social Media ,
Social Networks ,
Twitter ,
Wage and Hour ,
Young Lawyers
After reading the Supreme Court’s opinion in Oxford Health Plans, LLC v. Sutter, 133 S. Ct. 2064 (2013), some might have concluded that the Court was ready to resolve who determines the availability of class arbitration court...more
The divide continues between California and federal law on whether an arbitration agreement can entirely waive an employee’s ability to seek classwide or multiparty representational relief. The Supreme Court on Tuesday denied...more
1/22/2015
/ Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
CLS Transportation ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Iskanian ,
Mandatory Arbitration Clauses ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Trucking Industry
A federal district judge in Hammond, Indiana, has permitted a rail union to pursue injunctive remedies in a Title VII pattern-or-practice discrimination claim on behalf of its black members without compliance with Rule 23. In...more
A Sixth Circuit panel found the text of an updated arbitration agreement indicated it did not apply to a wage and hour class action already pending when the agreement was signed. Russell v. Citigroup, Inc., Case No. 13-5994...more
Almost three decades ago, the U.S. Supreme Court explained that state courts had to extend fundamental due process protections to absent class action members. Now, a new petition for certiorari review presents the Court with...more
Three cases about moldy washing machines currently sit at the U.S. Supreme Court, waiting for their names to be called. The cases are nearly identical consumer products class actions, and they have enormous potential to shape...more
1/22/2014
/ Butler v Sears ,
Class Action ,
Comcast ,
Comcast v. Behrend ,
Dukes v Wal-Mart ,
Mold Litigation ,
SCOTUS ,
Sears ,
Wal-Mart ,
Whirlpool ,
Whirlpool v Glazer
Arbitration is quickly becoming a major vehicle to resolve individual employee disputes. Now another obstacle to enforcing those arbitration agreements and class action waivers may have been removed.
...more
On November 5, 2013, the Supreme Court of Ohio adopted the class certification principles announced in the U.S. Supreme Court's decisions in Wal-Mart Stores, Inc. v. Dukes and Comcast v. Behrend. In Cullen v. State Farm...more
The Sutherland v. Ernst & Young case raised a now familiar question and the Second Circuit gave an answer in keeping up with recent U.S. Supreme Court precedent....more
After eight years and two visits, the Ohio Supreme Court has issued an opinion that not only addresses key developments in federal class action jurisprudence, but also decided the underlying class certification question....more
The U.S. Supreme Court rejected the contention that a class arbitration waiver was unenforceable under the Federal Arbitration Act (“FAA”) when the cost of arbitrating individually would be greater than any potential...more
A unanimous Supreme Court held on Monday that when a party agrees that an arbitrator should decide if an agreement authorizes class arbitration, that party cannot later seek judicial intervention if it disagrees with the...more
On March 27, 2013, the U.S. Supreme Court decided Comcast Corp. v. Behrend, Case No. 11-864, which provides a valuable tool for the defense in combatting class certification in antitrust cases and other types of class...more
In the latest class action case before the U.S. Supreme Court, a majority of the Court extended the Wal-Mart v. Dukes analysis to damages and held: proposed damages must be measurable on a classwide basis.
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The U.S. Supreme Court resoundingly signaled an end to a form of statutory manipulation in the class action arena Tuesday. A unanimous court held that named plaintiffs in class actions may not defeat federal removal...more
The U.S. Supreme Court resoundingly signaled an end to a form of statutory manipulation in the class action arena Tuesday. A unanimous Court held that named plaintiffs in class actions may not defeat federal removal...more
Introduction
In April 2010, Stephanie Sutherland (“Sutherland”) filed a putative class action against Ernst & Young under the Fair Labor Standards Act (“FLSA”) and New York law claiming that low-level accountants were...more
The U.S. Supreme Court heard the much anticipated oral argument in American Express Co. v. Italian Colors Restaurant on February 27, 2013. The issue before the Court was whether an arbitration clause which prohibits class...more
A familiar debate involving alternative methods of statutory interpretation erupted again at the Supreme Court on Monday, January 7, 2013....more