Seyfarth Synopsis: As the COVID-19 era continues to unfold, many employers have adopted back-to-work polices that include mandatory vaccinations for their employees. In Beckerich, et al. v. St. Elizabeth Medical Center, et...more
9/30/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Mandates ,
Infectious Diseases ,
Popular ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety
Seyfarth Synopsis: The ABA’s “anti-contact” rule prohibits attorneys from communicating with represented parties concerning the subject matter of the case. In Moore, et al., v. Club Exploria, LLC, No. 19-CV-2504, 2021 WL...more
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: The battle continues over the applicability of the U.S. Supreme Court’s decision in Bristol-Myers Squibb v. Superior Court, 137 S.Ct. 1773 (2017), to Rule 23 class actions....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: Illinois Governor J.B. Pritzker signed the new recreational cannabis bill, which contains extensive provisions regarding the extent of an employer’s right to ban and otherwise discipline employees for...more
6/28/2019
/ Adverse Employment Action ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Labor Regulations ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Reasonable Accommodation ,
Recreational Use ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
Seyfarth Synopsis: Illinois Governor J.B. Pritzker is expected to sign a new recreational cannabis bill, which contains extensive provisions regarding the extent of an employer’s right to ban and otherwise discipline...more
Seyfarth Synopsis: Satisfying Rule 23(b)(3)’s predominance requirement is undoubtedly a challenge when it comes to a nationwide class. Among the many issues that arise is the extent to which varying state laws can impact...more
Seyfarth Synopsis: Defendants can remove lawsuits filed in state courts to federal courts if they meet the statutory requirements for removal under either 28 U.S.C. § 1441(a) or the Class Action Fairness Act. In Home Depot U....more
5/30/2019
/ CAFA ,
Class Action ,
Co-Defendants ,
Corporate Counsel ,
Counterclaims ,
Federal Rules of Civil Procedure ,
General Removal Provisions ,
Home Depot USA Inc v Jackson ,
Jurisdiction ,
Remand ,
Removal ,
SCOTUS ,
Third-Party
Seyfarth Synopsis: The Illinois General Assembly has been working on a marijuana legalization bill this session. The Senate Bill would protect employer rights to ban marijuana and discipline employees for use....more
5/16/2019
/ Adverse Employment Action ,
Cannabis Products ,
Decriminalization of Marijuana ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Legislative Agendas ,
Marijuana ,
Medical Marijuana ,
Regulatory Agenda ,
State and Local Government ,
Workplace Safety
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
Every year the American Tort Reform Association (“ATRA”) publishes its “Judicial Hellholes Report.” The Report focuses on litigation issues in state court systems and challenges for corporate defendants in the fair and...more
Seyfarth Synopsis: Professional class settlement objectors can be a thorn-in-the-side for employers and class counsel attempting to settle class actions. ...more
Seyfarth Synopsis: The government’s anti-discrimination watchdog can be extremely aggressive in pursuing discrimination claims, including pursuing those claims after an employer files for bankruptcy. ...more
Seyfarth Synopsis: Although back pay has been awarded in Age Discrimination in Employment Act (ADEA) cases for quite some time, few courts have specifically addressed whether these damages are discretionary or mandatory. In...more
9/24/2018
/ ADEA ,
Age Discrimination ,
Appeals ,
Compensation & Benefits ,
Corporate Counsel ,
Discrimination ,
Employee Benefits ,
Employee Contributions ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Law Enforcement ,
Public Employees ,
Remand ,
Retirement Plan ,
Summary Judgment
Seyfarth Synopsis: In an opinion laced with frustration over a third appeal in a class action involving attorneys’ fees, the Seventh Circuit ruled that an objector was entitled to recover attorneys’ fees from class counsel’s...more
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
Title VII requires employers to make “reasonable accommodations” for an employee’s religious practices. But what is “reasonable” has been the subject of much debate and litigation. ...more
Seyfarth Synopsis: In E.E.O.C. v. Scott Medical Health Center, P.C. No. CV 16-225, 2017 WL 5493975, at *2 (W.D. Pa. Nov. 16, 2017), a default judgement of liability was entered against the defendant company for sex-based...more
11/22/2017
/ Back Pay ,
Compensatory Damages ,
Corporate Counsel ,
Damage Caps ,
Damages ,
Default Judgment ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Preponderance of the Evidence ,
Punitive Damages ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Seyfarth Synopsis: In Bristol-Myers Squibb Company v. Superior Court of California, et al., No. 16-466 (U.S. June 19, 2017), the U.S. Supreme Court articulated the narrow circumstances under which specific jurisdiction will...more
6/30/2017
/ Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Class Action ,
Due Process ,
Forum Shopping ,
Fourteenth Amendment ,
General Jurisdiction ,
Mass Tort Litigation ,
Personal Jurisdiction ,
Pharmaceutical Industry ,
SCOTUS ,
Specific Jurisdiction
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 thirty-three former employees who signed release agreements requiring individual arbitration of ADEA claims collectively sued their employer for age discrimination, the employer moved to compel...more
4/24/2017
/ ADEA ,
Age Discrimination ,
Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Collective Actions ,
Corporate Counsel ,
Discrimination ,
Employment Litigation ,
Federal Arbitration Act ,
General Mills ,
Hiring & Firing ,
Release Agreements
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