It is common practice for companies to utilize agreements requiring arbitration on an individual basis to avoid or limit the risk, burden, and expense of class and collective actions. However, an exemption in Section 1 of the...more
At the conclusion of its recent Term, the US Supreme Court finally released its long-anticipated opinion in Mallory v. Norfolk Southern Railroad, No. 21-1168.
In our Part One alert from September 2022, we reported on the...more
The Latest Trends and Developments in the Class Actions World -
Labor & Employment-
Labor and Employment class actions involving contractors are on the rise in California, especially in its $50-plus billion per annum...more
Employee misclassification claims continue to be the focus of class action litigation in the logistics space. In general, these cases involve allegations by independent contractors (most often owner-operators) that they...more
The Court addresses arbitration of class and collective actions in Viking River Cruises, Inc. v. Moriana and Coinbase, Inv. V. Bielski.”
Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022) US Supreme Court...more
In 2021, trade secrets and non-competes continued to garner attention on the national stage. Non-competes were the focus of significant legislative activity at both the federal and local levels, while trade secrets lead to...more
Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438 (July 15, 2021) -
On July 15, 2021, the California Supreme Court issued a long-awaited decision, Ferra v. Loews Hollywood Hotel, LLC, regarding the rate at which premium...more
9/23/2021
/ Appeals ,
CA Supreme Court ,
Class Action ,
Class Certification ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Jurisdiction ,
Labor Code ,
Meal Penalties ,
Multidistrict Litigation ,
Putative Class Actions ,
Rest and Meal Break ,
SCOTUS ,
Sua Sponte ,
Unpaid Overtime ,
Wage and Hour
The latest trends and developments in the class action world.
Since our last update was published, the United States Supreme Court has addressed a number of appeals involving class actions.
Requirement of Concrete...more
9/23/2021
/ Appeals ,
Article III ,
Auto-Dialed Calls ,
Class Action ,
Facebook Inc v Duguid ,
Fair Credit Reporting Act (FCRA) ,
Injunctive Relief ,
Office of Foreign Assets Control (OFAC) ,
Putative Class Actions ,
Random or Sequential Number Generator ,
Robocalling ,
SCOTUS ,
Standing ,
TCPA ,
TransUnion LLC v Ramirez
The Supreme Court has issued a much anticipated opinion on the scope of the Computer Fraud and Abuse Act (the CFAA), holding in Van Buren v. United States that an individual “exceeds authorized access” under the CFAA when he...more
Class Actions Quarterly Update: Employee Misclassification in the Logistics Industry -
The vast majority of class action litigation in the logistics industry over the past quarter, and indeed the last few years, has been...more
1/7/2021
/ Appeals ,
Biometric Information Privacy Act ,
Class Action ,
Data Privacy ,
Data Protection ,
Employee Retirement Income Security Act (ERISA) ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Logistics ,
Misclassification ,
New Jersey ,
Political Campaigns ,
Retirement Plan ,
SCOTUS ,
TCPA ,
Text Messages ,
Thole v U.S. Bank ,
Trucking Industry ,
Wage and Hour