Law School Toolbox Podcast Episode 313: Listen and Learn -- The Basics of Justiciability (Con Law)
Bar Exam Toolbox Podcast Episode 110: Listen and Learn -- The Basics of Justiciability (Con Law)
The U.S. Supreme Court heard oral argument in Campbell-Ewald Co. v. Gomez on October 14, 2015, an important case presenting the question of whether a defendant can defeat a class action by offering complete individual relief...more
There has been a lot of activity in the federal courts of appeals recently regarding the use of offers of judgment to named plaintiffs in class actions. The Fifth and Seventh Circuits recently held that an unaccepted Rule 68...more
The defendant in a putative class action brought pursuant to the Electronic Funds Transfer Act (EFTA), 15 U.S.C. § 1693, et seq., tendered a Rule 68 offer of judgment to the named plaintiff before class certification briefing...more
In a decision issued on August 21, 2015, the First Circuit added its voice to the recent chorus of federal appellate courts holding that an unaccepted Rule 68 offer of judgment, served before a motion for class certification...more
In the beginning, the U.S. Supreme Court decided in Genesis Healthcare that an FLSA case is moot when the plaintiff accepts an offer of full relief. As we noted in our previous blog, the decision left open, however, the...more
Last month, the United States Supreme Court (Supreme Court) provided an unexpected gift to entities facing collective actions under the Fair Labor Standards Act (FLSA) by holding that defendants may moot such a case by making...more
Kenneth Hatai sued his employer (CalTrans) and his supervisor (Sameer Haddadeen), alleging discrimination based on his Japanese ancestry and the fact that he was not of Arab ancestry like Haddadeen. The case was tried to a...more
In a decision that has broad implications beyond its labor law context, the U.S. Supreme Court held on April 16, 2013, that an employee plaintiff in a collective action whose individual claim was mooted by her employer’s...more
On April 16, 2013, with Justice Clarence Thomas writing for a 5-4 majority, the U.S. Supreme Court ruled that a collective action brought by a worker under the Fair Labor Standards Act (FLSA) was properly dismissed because...more
On April 16, 2013 the U.S. Supreme Court upheld the concept that a wage and hour collective action brought pursuant to the Fair Labor Standards Act (FLSA), can be dismissed for lack of subject matter jurisdiction when the...more
The FLSA establishes federal minimum-wage, maximum hour, and overtime guarantees that cannot be modified by contract. Section 16(b) of the FLSA gives employees the right to bring a private cause of action on their own behalf...more
On December 3, 2012, the U.S. Supreme Court heard oral argument in the case Genesis HealthCare v. Symczyk, 656 F.3d 189 (3d Cir. 2011), cert. granted 80 U.S.L.W. 3512 (U.S. June 25, 2012) (No. 11-1059). As explained in a...more