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Prevailing Party Class Action

Husch Blackwell LLP

Supreme Court Sets the Bar for Recovering Attorneys' Fees in Civil Rights Cases

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On February 25, 2025, the U.S. Supreme Court ruled in Lackey v. Stinnie that plaintiffs who gain preliminary injunctive relief before an action becomes moot do not qualify as “prevailing parties” for attorney’s fees under 42...more

Amundsen Davis LLC

BIPA’s Discretionary Damages in Practice: BNSF Gets Its Shot to Reduce a Historic $228 Million Judgement

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The Illinois Biometric Privacy Act (BIPA) provides that a prevailing party “may” recover liquidated damages for a violation of the statute. Addressing the potential for “annihilative liability” in White Castle, the Illinois...more

Dorsey & Whitney LLP

The Supreme Court - May 27, 2021

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Today, the Supreme Court of the United States issued the following decision: San Antonio v. Hotels.com, L.P., No. 20-334: Although the general rule in litigation is that each side bears its own attorney’s fees, certain...more

White and Williams LLP

Third Circuit Affirms Six-Figure Award Against Employees in FLSA Case

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A recent Third Circuit Court of Appeals decision serves as an important reminder for “prevailing parties,” even employers in wage and hour matters, to seek certain costs incurred as part of litigation. In Camesi, et al. v....more

Payne & Fears

Key California Employment Law Cases: August 2018

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This month’s key employment law cases address pre-employment physicals, appeals from California Labor Commissioner awards, and background checks.   EEOC v. BNSF Ry. Co., 902 F.3d 916 (9th Cir. 2018)...more

Fisher Phillips

Web Exclusive: EEOC Trial Tactics Lead To Massive Sanctions Award

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After more than ten years of protracted litigation brought by the Equal Employment Opportunity Commission (EEOC), including a stop at the U.S. Supreme Court, an Iowa federal district court recently upheld an award of nearly...more

Proskauer - California Employment Law

California Employment Law Notes - May 2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...more

Moore & Van Allen PLLC

North Carolina Court Rules Class Action Settlements Can Award Attorneys’ Fees, but Note of Caution to Local Counsel

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The North Carolina Court of Appeals considered for the first time whether it is legal in a class action settlement agreement for one party to agree to pay the other’s attorneys’ fees and expenses. The court concluded that it...more

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