Seyfarth Synopsis: The U.S. Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), still lords over employment discrimination class actions nearly a decade later. Indeed, Nelson, et al. v. Pace...more
Seyfarth Synopsis: On April 30, 2020, the California Superior Court granted class certification against Oracle America Inc., allowing former employees to represent a class of over 4,100 women for claims of alleged...more
Seyfarth Synopsis: For nearly a decade, the aftershocks of the U.S. Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes have curtailed the success of plaintiffs attempting to certify class discrimination claims in...more
Seyfarth Synopsis: Complex class actions often present a scenario in which some or most of the putative class members are subject to arbitration agreements, but the named plaintiff is not. In Gembarski v. PartsSource, Inc.,...more
8/20/2019
/ Arbitration ,
Arbitration Agreements ,
Class Certification ,
Defense Strategies ,
Employer Liability Issues ,
Employment Litigation ,
Identifiable Class Members ,
OH Supreme Court ,
Putative Class Actions ,
Sales Commissions ,
Unidentified Class Members ,
Unpaid Wages ,
Wage and Hour
Seyfarth Synopsis: To take an immediate appeal from a federal district court’s order granting or denying class certification, a party must first seek permission from the applicable court of appeals “within 14 days after the...more
2/28/2019
/ Class Action ,
Class Certification ,
Collective Actions ,
Decertification ,
Equitable Tolling ,
Federal Rules of Civil Procedure ,
Filing Deadlines ,
FRCP 23(f) ,
Interlocutory Appeals ,
Leave to Appeal ,
Motion for Reconsideration ,
Nutraceutical Corp v Lambert ,
SCOTUS
Seyfarth Synopsis: In the midst of a legal landscape that is seemingly pro-arbitration, employers should recognize that employees still have a few strategies to oppose arbitration or invalidate an arbitration agreement. ...more
7/26/2018
/ Arbitration ,
Arbitration Agreements ,
Bifurcation ,
Civil Rights Act ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
Motion to Compel ,
National Origin Discrimination ,
Title VII
Seyfarth Synopsis: In Microsoft Corp. v. Baker, No. 15-457 (U.S. June 12, 2017), the U.S. Supreme Court ruled on a procedural issue that is of importance in any class action in terms of when and in what circumstances a...more
Seyfarth Synopsis: After certifying a class of Haitian blueberry pickers who asserted Title VII discrimination claims, Judge James Moody of the U.S. District Court for the Middle District of Florida issued a sua sponte order...more
12/12/2016
/ Agricultural Workers ,
Class Action ,
Class Certification ,
Damages ,
Decertify ,
FRCP 23 ,
National Origin Discrimination ,
Race Discrimination ,
Seasonal Workers ,
Sua Sponte ,
Title VII ,
Wage and Hour