News & Analysis as of

Class Certification Federal Rules of Civil Procedure Fair Labor Standards Act (FLSA)

Nelson Mullins Riley & Scarborough LLP

The Fourth Circuit Disavows Generalized, Overinclusive, and Overly Broad Classes and Class Definitions

On December 17, 2024, the United States Court of Appeals for the Fourth Circuit handed down its published opinion in Stafford v. Bojangles’ Restaurants, Inc., 2024 WL 5131108 (4th Cir. 2024). In a rare move, the Fourth...more

Mandelbaum Barrett PC

Federal Courts Stop Dancing the “Lusardi Two-Step” Used in Age Discrimination Class Actions

Mandelbaum Barrett PC on

Some forty years ago this author litigated a precedent setting case in the United States District Court in Newark, New Jersey and in the Third Circuit Court of Appeals in Philadelphia.  Among numerous reported decisions in...more

Jackson Lewis P.C.

North Carolina Federal Court Holds It Lacks Jurisdiction Over Claims Of Out-Of-State Opt-Ins

Jackson Lewis P.C. on

In the latest court ruling to address personal jurisdiction over out-of-state opt-in plaintiffs in Fair Labor Standards Act collective actions, a federal district court in North Carolina held that it lacked jurisdiction over...more

Fox Rothschild LLP

Trial Before Certification in FLSA Class Action Case?—Third Circuit Says No Way!

Fox Rothschild LLP on

In a chicken-and-egg type of case, an unusual case, the Third Circuit has emphatically held a Judge taking over a class action case must deal with the threshold issue of whether a class should be certified prior to a trial...more

Foley & Lardner LLP

Seventh Circuit Takes “Practical” Approach to Rule 23(a) Numerosity

Foley & Lardner LLP on

Rule 23(a) numerosity is one of the less frequently litigated class certification requirements, which makes the U.S. Court of Appeals for the Seventh Circuit’s recent decision in Anderson v. Weinert Enterprises, Inc.notable....more

Genova Burns LLC

Sleepless Nights Ahead For WalMart’s Overnight Assistant Store Managers After Denial of Class Status

Genova Burns LLC on

On April 24, 2020, the District Court for the District of New Jersey in Sundel Quiles, et al. v. Wal-Mart Stores, Inc., d/b/a Wal-Mart, 2:16-cv-09479 (D.N.J. April 24, 2020) recently considered a motion for class...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Court of Appeals Adopts “Primary Beneficiary Test” and Provides Guidance on the Unpaid Intern Question

On July 2, 2015, the Second Circuit Court of Appeals issued significant pro-employer decisions in Glatt v. Fox Searchlight Pictures (Nos. 13-4478-cv, 13-4481-cv) (“Fox”) and Wang v. Hearst Corp. (No. 13-4480-cv) (“Hearst”)...more

Robinson & Cole LLP

Supreme Court to Decide Class Action Issues Involving Settlement Offers to Named Plaintiffs, Statistical Sampling and Class Member...

Robinson & Cole LLP on

I’ve been delayed a bit in reporting on this, but the October 2015 term of the U.S. Supreme Court is shaping up to be a blockbuster one for class action law. Perhaps even bigger than the October 2010 term, which brought us...more

BakerHostetler

Supreme Court Agrees to Hear Case Addressing Scope of Wage and Hour Class and Collective Actions

BakerHostetler on

It’s hard enough to predict what the Supreme Court will do on a given case even after it has been briefed and oral argument has been heard. It’s even harder when all we have is the decision accepting certiorari, but this one...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

To Be Or Not To Be: Mooting Rule 23 Class Actions Through Rule 68 Offers of Judgment

The use of Rule 68 offers of judgment to moot the claims of plaintiffs in the Fair Labor Standards Act (FLSA) collective action context has received much attention recently as the courts consider defendants’ use of this...more

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