Two years ago, in Comcast v. Behrend et.al, the Supreme Court caught the attention of employers facing class action lawsuits by holding that plaintiffs cannot “show Rule 23(b)(3) predominance” when “[q]uestions of individual...more
In a class action brought under the Fair Labor Standard Act and New York Labor Law, the Second Circuit court of appeals reversed the district court’s denial of class certification and held that the Supreme Court’s 2013...more
The Second Circuit recently addressed a panoply of class certification issues in two opinions. Both decisions ruled in favor of the plaintiffs, but will help defendants tailor their arguments in future cases....more
On February 10, 2015, the United States Court of Appeals for the Second Circuit decided Roach v. T.L. Cannon Corporation, resolving the question of how the Supreme Court’s Comcast Corp. v. Behrend decision should be...more