Must a plaintiff who brings an action under California’s Private Attorney General Act (PAGA) comply with Rule 23’s requirements? Although the Ninth Circuit has not addressed the issue, one California federal district court...more
An employer dodged a bullet before a California jury this week. But the fact that a class was certified and went to a jury suggests that the plaintiff’s bar is increasingly focused on the adequacy of electronic wage...more
11/10/2017
/ Class Action ,
Class Certification ,
Corporate Counsel ,
Dollar Tree ,
Employer Liability Issues ,
Employment Litigation ,
Labor Law Violations ,
Retail Market ,
Retailers ,
Wage and Hour ,
Wage Statements
Last week the Ninth Circuit reopened a key avenue in consumer false advertising class actions – injunctive relief. A growing number of trial courts had dismissed those claims, reasoning that plaintiffs who know of the alleged...more
This week the Ninth Circuit offered plaintiffs who wish to bring both individual and class actions a potentially broad path to establish Article III standing based on mere allegations of procedural statutory violations. In...more
8/18/2017
/ Article III ,
Background Checks ,
Class Action ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Injury-in-Fact ,
SCOTUS ,
Screening Procedures ,
Spokeo v Robins ,
Standing
Employers finally won a key victory in California courts in the continuing conflict between mandatory arbitration/class waiver agreements versus representative actions brought under the California Private Attorneys General...more
In a big blow to employers, the California Supreme Court unanimously held today that plaintiffs and their lawyers must be given access to companywide employee contact information—including addresses and phone numbers—at the...more
California’s back-and-forth on arbitrations and class actions continued again this week.
In a key 4-3 decision the California Supreme Court held that the arbitrator—not the court—can decide whether an arbitration...more
Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more
2/15/2016
/ Ascertainable Class ,
CAFA ,
Chobani Inc ,
Class Action ,
Class Certification ,
ConAgra ,
Dietary Supplements ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food Contamination ,
Food Labeling ,
Food Manufacturers ,
FRCP 23(b)(3) ,
Natural Products ,
Ocean Spray ,
Organic ,
Preemption ,
Standing
“Labels matter,” the California Supreme Court began its unanimous December 3 opinion. Expect that to be the new rallying cry of plaintiff class action lawyers when suing consumer companies for alleged false advertising....more
The Consumer Financial Protection Bureau (CFPB or Bureau) announced today that it is considering rules prohibiting application of pre-dispute arbitration agreements to class litigation involving certain consumer financial...more
10/8/2015
/ Arbitration ,
Arbitration Agreements ,
AT&T Mobility v Concepcion ,
Class Action ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Financial Institutions ,
Mortgages ,
OMB ,
Small Business ,
Wage and Hour
Tuesday, by a two-to-one vote, the Ninth Circuit joined the California Supreme Court in holding that Private Attorneys General Act (PAGA) claims are an exception to the Federal Arbitration Act. In Sakkab v. Luxottica Retail...more
10/1/2015
/ Arbitration ,
AT&T Mobility ,
AT&T Mobility v Concepcion ,
CA Supreme Court ,
Class Action ,
Class Certification ,
CLS Transportation ,
En Banc Review ,
Federal Arbitration Act ,
Iskanian ,
Iskanian v CLS Transportation ,
Private Attorneys General Act (PAGA)
This week, the U.S. Supreme Court declined to grant review in Iskanian v. CLS Transportation Los Angeles, LLC, leaving in place a California Supreme Court holding that pre-dispute arbitration agreements cannot require...more
1/23/2015
/ Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Iskanian v CLS Transportation ,
Mandatory Arbitration Clauses ,
Petition for Writ of Certiorari ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Trucking Industry
The California Supreme Court today confirmed the validity of an employee’s waiver of the right to bring a class action contained in an arbitration agreement. That’s the good news. However, the court also held that these...more