News & Analysis as of September 20, 2024

Supreme Court of the United States › Dukes v Wal-Mart

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Exclusion of Damages Expert at Class Certification Stage Results in Partial Denial of Certification Motion

Faegre Drinker Biddle & Reath LLP on 5/31/2022

Just a decade ago, it was still an open question whether parties could challenge the admissibility of expert testimony in class certification proceedings. The United States Supreme Court recognized the issue in Wal-Mart...more

Southern District of New York Certifies Class in Case Alleging that KIND Bars Were Deceptively Marketed as “All Natural”

King & Spalding on 8/6/2021

On March 24, 2021, Judge William H. Pauley III of the U.S. District Court for the Southern District of New York granted in part and denied in part the Plaintiffs’ motion for certification of three statewide classes of...more

Fifth Circuit Instructs District Courts to Apply Daubert at the Class Certification Stage

King & Spalding on 3/16/2021

On January 22, 2021, the Fifth Circuit vacated certification of a putative class action against chemical manufacturer Arkema Inc., holding that courts must conduct a full Daubert analysis when expert testimony is relevant to...more

Seyfarth Policy Matters Newsletter - October 2020

Seyfarth Shaw LLP on 10/5/2020

A Tribute To The Late, Incomparably Great, Justice Ruth Bader Ginsburg. Exactly two weeks to the day, the Country began collective mourning over the loss of one of the greatest jurisprudential minds in a century. Justice...more

5 Key Trends In Workplace Class Action Litigation In 2019: #4 Lower Class Action Settlement Numbers In 2019

Seyfarth Shaw LLP on 1/30/2020

Seyfarth Synopsis: As measured by the top ten largest case resolutions in various workplace class action categories, overall settlement numbers increased slightly in 2019, but as compared to the last several years, it was one...more

5 Key Trends In Workplace Class Action Litigation For 2019: Trend #2 The Impact Of U.S. Supreme Court Rulings

Seyfarth Shaw LLP on 1/17/2020

Seyfarth Synopsis: The second key trend from our 16th Annual Workplace Class Action Litigation Report involves rulings by the U.S. Supreme Court. Over the past few years, the Supreme Court has issued a number of rulings that...more

Trial Courts Wrestle with Expert Testimony and Daubert at Class Certification

BakerHostetler on 3/19/2019

Expert testimony plays a critical role in nearly all putative class actions, including at the class certification stage where parties rely on expert evidence to address the requirements of Federal Rule of Civil Procedure 23....more

The Gorsuch Nomination: The Return of the Business Friendly Court?

Orrick, Herrington & Sutcliffe LLP on 2/6/2017

Assuming Judge Gorsuch's confirmation, the Court will add a Justice with extensive commercial litigation experience, a particular expertise in antitrust and securities law, and a track record on the bench that demonstrates a...more

The U.S. Supreme Court And Workplace Class Actions

Seyfarth Shaw LLP on 1/19/2017

Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

Sixth Circuit Rejects Class Action Settlement With Key Documents Under Seal

BakerHostetler on 6/8/2016

All’s not fair in secretive class-action settlements. If class actions are the exception, then class-action settlements are a reflection of that exception. Specifically, the secrecy that might otherwise accompany...more

The Future of Class Actions: The Impact of Justice Scalia’s Death on Upcoming Rulings

Carlton Fields on 4/26/2016

There is no doubt that the death of Supreme Court Justice Antonin Scalia will have major repercussions on Supreme Court jurisprudence. A 30-year veteran of the Court, Justice Scalia was known for his originalist positions and...more

SCOTUS Denies Review Regarding Pennsylvania Wal-Mart “Rest Break” Class Judgment

Carlton Fields on 4/19/2016

On April 4, the United States Supreme Court denied certiorari review of a $188 million class-action judgment returned against Wal-Mart in Pennsylvania state court and later upheld by the Pennsylvania Supreme Court regarding...more

SCOTUS OKs Statistics to Establish Class Action Liability with Limits, Leaves Open Uninjured Class Member Question

Moore & Van Allen PLLC on 4/18/2016

Plaintiffs can count the first class action decision to be issued by the U.S. Supreme Court since the death of Justice Scalia as a win; although, they did not receive broad authorization to proceed carte blanche, as some had...more

Supreme Court Refuses to Review $188M Class Action Verdict Against Wal-Mart Based Upon “Trial by Formula”

Kelley Drye & Warren LLP on 4/6/2016

Wal-Mart may have felt the first aftershock of the Supreme Court’s March 2016 opinion in Tyson Foods, Inc. v. Bouaphakeo, which undercut overbroad interpretations of its landmark 2011 Wal-Mart v. Dukes decision and found that...more

Supreme Court Upholds Class Action in Donning-Doffing Dispute Based on “Representative” Statistical Evidence

Constangy, Brooks, Smith & Prophete, LLP on 4/4/2016

The Supreme Court’s recent decision in Tyson Foods v. Bouahapeko affirms the use, in some circumstances, of “representative” statistical evidence that produced average times for donning and doffing personal protective gear,...more

Supreme Court Limits Wal-Mart, Approves Representative Proof in Employee Class Actions

Kelley Drye & Warren LLP on 4/1/2016

In a highly anticipated decision, the Supreme Court last week affirmed a $5.8 million judgment against Tyson Foods and held that damages in a class action can be established by “statistical sampling” – a phrase that may now...more

Supreme Court Says Averages May be Used to Establish Classwide Liability

Parker Poe Adams & Bernstein LLP on 3/28/2016

In its 2011 Dukes decision, the U.S. Supreme Court limited the circumstances under which groups of employees can maintain class action claims relating to their employment. In that case, the Court concluded that Wal-Mart...more

New U.S. Supreme Court Class Action Decision

Clark Hill PLC on 3/24/2016

On March 22, 2016, the United States Supreme Court ruled 6-2 that employees can potentially rely on admissible statistical sampling data to establish classwide liability in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146...more

Class Averaging

Sherman & Howard L.L.C. on 3/23/2016

The Supreme Court ruled today that Plaintiffs’ use of average donning and doffing times was proper and sufficient to affirm a $5.8 million judgment against Tyson Foods. Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146 (Mar. 22,...more

How Justice Scalia's Death Could Have Profound Reverberations for Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/1/2016

The sudden death of Associate Justice Antonin Scalia of the Supreme Court of the United States, who served on the Court for over 30 years, has touched off a heated political debate over the appointment and consideration of...more

Justice Scalia’s Employment Law Legacy

Orrick - Employment Law and Litigation on 2/29/2016

On February 13, 2016, Justice Antonin Scalia, the anchor of the Court’s conservative wing for nearly three decades, passed away. He leaves behind a distinguished legal career that involved experience in wide range of roles....more

A Quick Take on Justice Scalia’s Legacy on Antitrust Law

Sheppard Mullin Richter & Hampton LLP on 2/25/2016

The late Justice Antonin Scalia was not the biggest fan of antitrust law. As he famously quipped during his Senate confirmation hearing: “In law school, I never understood [antitrust law]. I later found out, in reading the...more

Justice Scalia and Class Actions

Pierce Atwood LLP on 2/15/2016

No one has done more to shape class action law than Justice Antonin Scalia. His unexpected passing yesterday, even while important class action cases remain under advisement, will spark a renewed push to tilt class action...more

ELL SCOTUS Series # 3 – Tyson Foods Inc. v. Bouaphakeo

Seyfarth Shaw LLP on 11/4/2015

In our third installment of articles looking at the employment law cases being heard by the US Supreme Court this fall term, Tyson Foods Inc. v. Bouaphakeo will have importance in both the wage & hour and class action...more

Comcast and its Discontents

Pierce Atwood LLP on 10/29/2015

Shortly after the Supreme Court’s decisions in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) and AT&T Mobility LLC v. Concepcion, 563 U.S. 321 (2011), I appeared before a federal district judge on a motion to dismiss...more

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Supreme Court of the United States › Dukes v Wal-Mart

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