Stephanie Adler-Paindiris on Class Action

U.S. Supreme Court Roundup – 2017-2018

The U.S. Supreme Court term that ended June 2018 included decisions on many topics important to workplace law, including class action waivers in employment arbitration agreements, public-sector “agency shop” arrangements, and...more

Class Action Trends Report Spring 2018

Below is the latest issue of the Jackson Lewis Class Action Trends Report. This report is published on a quarterly basis by our firm’s class action practice group in conjunction with Wolters Kluwer. We hope you will find...more

5/2/2018 / #MeToo , Americans with Disabilities Act (ADA) , Biometric Information , Class Action , Corporate Counsel , Data Breach , Data Protection , Disability Discrimination , Employer Liability Issues , FRCP 23 , Public Accommodation , Religious Discrimination , Sexual Harassment , Title VII , Website Accessibility , Websites

Defining Who Is Part Of The FLSA Collective Action Party

It is a party that most employers don’t believe is a lot of fun: a FLSA collective action party. In a case of first impression, the Eleventh Circuit addressed the question of whether an opt-in plaintiff is required to do...more

4/20/2018 / Class Action , Employer Liability Issues , Fair Labor Standards Act (FLSA) , Independent Contractors , Minimum Wage , Misclassification , Over-Time , Wage and Hour

Supreme Court Hears Argument On Application Of American Pipe Tolling Decision To Subsequent Class Actions

As discussed on our blog late last year, the U.S. Supreme Court granted certiorari to China Agritech, Inc., a fertilizer manufacturer, from the Ninth Circuit’s decision in Resh v. China Agritech, Inc., 857 F.3d 994 (9th Cir....more

3/28/2018 / Class Action , FRCP 23 , Securities Exchange Act , Statute of Limitations , Tolling

Class Action Trends Report Winter 2018

Minimum wage: Tip traps Brewster’s Homestyle Bar & Grill is a favorite local chain, with eight popular restaurants in the city. The restaurants are constantly busy, with tables turning over at a steady clip. Consequently,...more

1/23/2018 / Class Action , Class Certification , Employer Liability Issues , Minimum Wage , Over-Time , Restaurant Industry , Tip Credit , Tip-Pooling , Tipped Employees , Wage and Hour

U.S. Supreme Court To Rule On Application Of American Pipe Tolling Decision On Class Actions

Earlier this month, the U.S. Supreme Court granted certiorari to China Agritech, Inc., a fertilizer manufacturer, from the Ninth Circuit’s decision in Resh v. China Agritech, Inc., 857 F.3d 994 (9th Cir. 2017). In reviewing...more

12/21/2017 / American Pipe & Construction Co. v. Utah , Certiorari , Class Action , Putative Class Actions , SCOTUS , Statute of Limitations , Tolling

Supreme Court: Plaintiffs May Not Voluntarily Dismiss Case To Appeal Class Certification Decision

Plaintiffs may not voluntarily dismiss their class action claims upon receiving an adverse class certification decision and subsequently invoke 28 U.S.C. § 1291, the general rule that appeals can be taken only from a final...more

6/13/2017 / Class Action , Class Certification , Corporate Counsel , FRCP 23 , Microsoft v Baker , SCOTUS

Supreme Court Hears Argument on Appellate Jurisdiction after Denial of Class Certification

Whether a federal court of appeals has jurisdiction to review an order denying class certification after the named plaintiffs voluntarily dismiss their claims with prejudice was the issue before the U.S. Supreme Court on...more

3/29/2017 / Class Action , Class Certification , FRCP 23 , Microsoft v Baker , SCOTUS