Jon Michaelson on Class Action

Split Ninth Circuit Cements Circuit Split on Admissibility of Class Certification Evidence

Takeaway: A fractured Ninth Circuit has rejected the opportunity to re-visit a panel decision allowing inadmissible evidence to be considered in ruling on a motion for class certification. This ruling solidifies a glaring...more

11/15/2018 / Admissibility , Admissible Evidence , Class Action , Class Certification , Evidence , FRCP 23

Ninth Circuit: proving up CAFA’s “home state” controversy exception – evidence is required and jurisdictional discovery will...

Takeaway: Class action complaints often seek the certification of “statewide” classes that would seem to include only residents of the target state. But when it comes to establishing an exception to diversity jurisdiction...more

9/19/2018 / Burden of Proof , CAFA , Class Action , Employer Liability Issues , Wage and Hour

California Supreme Court: the FLSA’s de minimus rule does not apply to California wage and hour claims, especially wage and hour...

It is a small world after all. Last week, the California Supreme Court decided that the de minimus rule, imported by the U.S. Supreme Court into the Fair Labor Standards Act (FLSA) in 1946 (Anderson v. Mt. Clemens Pottery...more

8/1/2018 / CA Supreme Court , Class Action , De Minimis Claims , Employer Liability Issues , Employment Litigation , Fair Labor Standards Act (FLSA) , Labor Code , Starbucks , Timekeeping , Unpaid Wages , Wage and Hour

Ninth Circuit – a UCL plaintiff must prove “value received” when purchased product has some value

In a recent unpublished opinion, a panel of the Ninth Circuit Court of Appeals reinforced the principle that obtaining restitution for violation of California’s major consumer protection statutes can be a near impossible...more

7/20/2018 / Class Action , Comparative Advertising , Discount Pricing , Kohls , Restitution , Retailers , Unfair Competition

California Appellate Court Holds Employee’s Dismissal Of Individual Labor Claims Precludes PAGA Standing

A recent decision by California’s Second District Court of Appeals highlights an opportunity for California employers to dispose of claims under the Private Attorneys General Act (“PAGA”), Labor Code section 2698, et seq....more

1/12/2018 / Class Action , Employer Liability Issues , Employment Litigation , Former Employee , Private Attorneys General Act (PAGA) , Wage and Hour

Ninth Circuit Extends Tolling Doctrine To Allow Successive Class Actions, Subject Only To Preclusion And “Comity” Defenses

Takeaway: In Resh v. China Agritech, Inc., No. 15-55432, 2017 WL 2261024 (9th Cir. May 24, 2017), the Ninth Circuit stretched the tolling principles of American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974), and Crown,...more

6/9/2017 / Class Action , Class Certification , Corporate Counsel , FRCP 23

Back To The Class-Action Waiver Drawing Board: California Supreme Court Holds Arbitration Agreement Cannot Extinguish A Claimant’s...

Takeaway: Businesses operating in California now face another hurdle in drafting enforceable arbitration agreements. The California Supreme Court has invalidated a provision in an aggressive class action waiver purporting to...more

5/1/2017 / Arbitration , Arbitration Agreements , AT&T Mobility v Concepcion , CA Supreme Court , Citibank , Class Action , Class Action Arbitration Waivers , Federal Arbitration Act , Injunctive Relief

U.S. Supreme Court to Decide Key Personal Jurisdictional Issue Relevant to Class Action Litigation

A path to the Golden State will likely be closed in the coming months for class action plaintiffs. On January 19, 2017, the U.S. Supreme Court granted a petition for writ of certiorari in Bristol-Myers Squibb Co. v. Superior...more

2/2/2017 / Bristol-Myers Squibb Co v Superior Court of California - San Francisco County , Certiorari , Class Action , Personal Jurisdiction , SCOTUS

Jon Michaelson

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