News & Analysis as of

Class Action Summary Judgment Corporate Counsel

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Klein Moynihan Turco LLP

Major CIPA Wiretap Decision!

California Invasion of Privacy Act (“CIPA”) wiretapping claims against online businesses are topics with which our readers are well-versed. Inconsistent court decisions about whether wiretapping claims under CIPA apply to the...more

Kilpatrick

TCPA class actions – unpublished Third Circuit decision illustrates use of consent defense to defeat predominance requirement for...

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Takeaway: Congress passed the Telephone Consumer Protection Act (TCPA) in 1991 to address an increase in abusive and unwanted telemarketing practices. For the first few decades of the TCPA’s existence, courts construed the...more

Faegre Drinker Biddle & Reath LLP

ATDS Status Turns on Capability of Dialing Equipment, Not Actual Use, Third Circuit Holds—But Liability Turns on Actual Use, Not...

Last week, the U.S. Court of Appeals for the Third Circuit concluded that the TCPA’s definition of “automatic telephone dialing system” (or “ATDS”) includes all dialing equipment with the present ability to generate random or...more

A&O Shearman

Northern District Of Illinois Eastern Division Grants In Part Drugstore Chain’s Motion For Summary Judgment In Connection With...

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On November 2, 2021, Judge Sharon Johnson Coleman of the Northern District of Illinois Eastern Division granted in part defendants’ motion for summary judgment and denied plaintiff’s partial motion for summary judgment in a...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Answers and Amounts in Controversy

This week, we take a look at two decisions tackling novel procedural issues.  In the first, the Court strictly applied the amount-in-controversy requirement of the Class Action Fairness Act, faulting a defendant for not...more

Bradley Arant Boult Cummings LLP

McDonald’s Fries Franchise Workers’ Claims, Lands Whopper of a Ruling for Franchisors

In an important wage-and-hour decision for franchisors, Salazar, et al. v. the McDonald’s Corp., et al., the Ninth Circuit Court of Appeals ruled that employees of one of the hamburger giant’s California-based franchisees...more

Seyfarth Shaw LLP

Termination Pay Penalties: Easy To Incur, Impossible To Reduce?

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Seyfarth Synopsis: Employers must pay “waiting time” penalties for willfully failing to timely pay wages due upon termination. Last week the California Court of Appeal dealt employers a double whammy: (i) mere negligence can...more

Sheppard Mullin Richter & Hampton LLP

5 TCPA Class Action Trends to Watch in 2018 – Legislation, Administrative Law & Litigation

Have the GOP’s Hopes for Enacting the Fairness in Class Action Litigation Act Been Dashed? – Passed in March 2017 by the U.S. House of Representatives, the Fairness in Class Action Litigation Act of 2017, H.R. 985, has...more

Littler

Employers Prevail in FCRA Class Actions

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The FCRA is not a classic employment law, but regulates the procurement and use of background checks by employers. Before procuring a background check from a consumer reporting agency (CRA), the employer must disclose its...more

BakerHostetler

Second Circuit Affirms Summary Judgment in Putative Internship Class

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Four years ago, a wave of cases involving unpaid internships looked to be the next “big thing.” As those cases sputtered, however, and employers reduced or eliminated internships, the flood of anticipated litigation never...more

Jones Day

Without WARN-ing: Third Circuit Clarifies WARN Act's Unforeseen Business Circumstances Exception

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Valera v. AE Liquidation, Inc., the Third Circuit Court of Appeals agreed with five other circuits in holding that WARN notice was not required where an external event outside the employer's control triggering layoffs was...more

Cozen O'Connor

Coca-Cola Dodges Privacy Class Action

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Coca-Cola won big last month when it secured summary judgment in a privacy class action brought by a former bottling plant employee concerning compromised personal information. Hon. Joseph Leeson of the Eastern District of...more

Jackson Lewis P.C.

California Court Provides Additional Guidance on Timekeeping Rounding, Grace Period Claims

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Under California law, employers’ policies may permit rounding of employee timecard entries to the nearest tenth of an hour (six minutes), the Fourth Appellate District of the California Court of Appeal has affirmed. Silva v....more

Proskauer - Advertising Law

California Court Issues Surprising Decision in Discount Advertising Case

On December 15, 2016, the California Court of Appeals in Los Angeles came to a surprising summary judgment decision in Sajid Veera et al. v. Banana Republic, LLC. The court held that plaintiffs who claimed they were misled...more

Troutman Pepper Locke

December 2016 Independent Contractor Misclassification and Compliance News Update

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In our update for last month’s developments in this area of the law, we report on five significant court cases involving companies in the transportation industry that use ICs as an integral part of their business model. Each...more

Farella Braun + Martel LLP

"Assuming" the Obvious: Exclusion for “Assumption of Liability in a Contract” Does Not Apply to Breach of Professional Services

In what it described as a case of first impression, the Northern District of California ruled that a professional liability policy that excluded the insured’s “assumption of liability obligations in a contract or agreement”...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Rejects Dual Minimum Wage Requirement for Tipped Workers Who Perform Other Duties

The hospitality industry continues to face an increasing number of collective action lawsuits filed by tipped employees who claim that their employers failed to comply with minimum wage requirements for servers and related...more

Eversheds Sutherland (US) LLP

Legal Alert: Voice Over Internet Protocol and the TCPA:  The Hidden Pothole on the Information Super Highway

Since the enactment of the Telephone Consumer Protection Act (TCPA) in 1991, technological advances in the way people communicate have often outpaced the ability of the courts and the Federal Communications Commission to...more

McGuireWoods LLP

California Supreme Court Clarifies When Employers Must Provide Employees With Seats

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On April 4, 2016, the California Supreme Court issued an opinion with important implications for all California employers. For the first time, the court interpreted the meaning of wage orders promulgated by California’s...more

Seyfarth Shaw LLP

Apple Bags a Big Win: District Court Grants Summary Judgment Against Class in Employee Bag Check Litigation

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In a welcome decision for retailers, a federal district court in California, after granting the plaintiffs’ motion for class certification, granted Apple’s motion for summary judgment against the class, holding the time that...more

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