The Labor Law Insider - Decertification of Union Bargaining Unit: What’s Happening Today, Part II
Labor Law Insider – Decertification of Union Bargaining Unit: What’s Happening Today
In Short - The Situation: The United States Court of Appeals for the Second Circuit recently decertified a class of stockholders who alleged that Goldman Sachs maintained an inflated share price by making...more
A little over two years ago, the U.S. Court of Appeals for the Fifth Circuit became the first federal appellate court in the country to reject the widespread and longstanding two-step approach of first “conditionally”...more
In Freitas v. Cricket Wireless, LLC, the United States District Court for the Northern District of California recently decertified a class because of a “critical” mistake in Plaintiff’s damages model that rendered it...more
On August 31, 2021, the Court of Appeals for the Ninth Circuit issued an unpublished order revoking class certification of a consumer class in a Coca-Cola labeling case. The plaintiffs alleged that Coke’s advertising slogan...more
One tactic to defeat a class action is to assert that the named plaintiff is not an appropriate or proper representative for the class. These initiatives are not often successful, but defense counsel should always be looking...more
I read an interesting article in the Morrison & Foerster blog the other day about a case where a class was de-certified because it appeared there was a problem with the lawyers for the class. As the blog post notes, defense...more
Class certification is often discussed as a “stage” of litigation, but the Second Circuit’s recent decision in Jin v. Shanghai Original, Inc. et al is a good reminder that, even after a class is certified, class treatment...more
Ten women working at the Cook County Jail in Chicago, Illinois, sued the Sheriff’s Office and Cook County for permitting a hostile work environment in violation of Title VII of the Civil Rights Act of 1964. The named...more
The Central District of California recently decertified a class of TCPA plaintiffs because consent issues were so individualized that the plaintiffs could not satisfy the predominance requirement. Trenz v. On-Line...more
On July 8, 2020, Judge Alison Burroughs granted-in-part Defendants Shire and Actavis’s motion to decertify a direct purchaser plaintiff class in an alleged reverse payment antitrust case pending in the Federal District Court...more
On January 8, 2020, the U.S. District Court for the Central District of California reinstated its June 2014 class certification order, holding that the named plaintiff’s full refund damages model was consistent with his...more
Welcome back to the Class Action & MDL Roundup! Our fall edition covers notable class actions from the third quarter of 2019. The circuit courts were busy with class actions in the third quarter. Appellate judges were able...more
The Telephone Consumer Protection Act of 1991 (TCPA) is a federal statute that restricts how businesses employ telemarketing efforts, like soliciting text messages or prerecorded voice messages. The law often requires...more
On November 15, the Eleventh Circuit vacated an order certifying a class of individuals who claimed to have received robocalls in violation of the Telephone Consumer Protection Act (“TCPA”), holding that the district court...more
On November 15, 2019, the Eleventh Circuit decertified a Telephone Consumer Protection Act (TCPA) class in Cordoba v. DIRECTV, LLC (No. 18-12077, 2019 WL 6044305), finding that the plaintiff could not adequately identify...more
We’ve noted many times that while employees prevail on most motions for conditional certification under the FLSA, employers tend to prevail on the second stage motion for decertification. ...more
The Eleventh Circuit last week issued a common-sense ruling vacating class certification in a TCPA case—an area of the law where common sense does not always prevail. In Cordoba v. DIRECTV, LLC, No. 19-12077 (11th Cir. Nov....more
In a nationwide class action lawsuit alleging deceptive trade practices for advertising of a product, a lower court had certified a class and uniformly applied only the forum state’s law to all class members’ claims. Part of...more
On September 12, the Eleventh Circuit decertified an injunction class defined by the past denial of insurance benefits—a decision that may help thwart future efforts from plaintiffs to certify Rule 23(b)(2) classes, rather...more
Seyfarth Synopsis: On June 5, 2019, the Ninth Circuit issued an opinion in NEI Contr. & Eng’g, Inc. v. Hanson Aggregates Pac. Sw., Inc., 2019 U.S. App. LEXIS 16885 (9th Cir. June 5, 2019), upholding the district court’s...more
An Oregon federal jury reached a verdict in a Telephone Consumer Protection Act (“TCPA”) class action in April that exposes the defendant to a potential judgment in excess of $2.7 billion....more
Class actions typically involve a proposed class of plaintiffs seeking recovery from the same defendant on similar grounds. But that is not the only animal in the class action corral. Rule 23 makes this clear in its very...more
On February 26, the Supreme Court unanimously held in Nutraceutical Corporation v. Lambert that the text of Rule 23(f)—which sets a 14-day deadline for a party to petition a circuit court for permission to appeal a district...more
The Court's decision reinforces the inflexibility of the Federal Rules' deadline to file petitions for permission to appeal and cautions against reliance on equitable principles, even where diligence and good cause may exist....more
On February 26, 2019, the United States Supreme Court unanimously reversed a decision from the United States Court of Appeals for the Ninth Circuit, which had held that Rule 23(f) of the Federal Rules of Civil Procedure is...more