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There Is Such a Thing as Too Many Questions: Individualized Inquiries Doom Class Certification

A recent case from the Eastern District of California emphasizes the importance of employers having facially neutral and lawful wage-and-hour policies – as such policies can help in defeating class certification. In Tavares,...more

The Bar Is Low – But It Does Exist: A Reminder that Defeating (or Limiting) Conditional Certification Is Not Impossible

In a recent case from the District of Colorado, a federal judge made clear that (at least in the Tenth Circuit) the first step of conditional certification is not just a rubber stamp to move on to the next stage of litigation...more

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