Settlement, Class Action, Mediation

Film Room: Court order in House requiring modification

Eversheds Sutherland (US) LLP on 4/25/2025

Given the momentum of the last year, it seems unthinkable that the House settlement might not be approved. However, it’s still—in fact—a proposed settlement, subject to Court approval. And, Wednesday’s order by Judge Wilken...more

Mediating False Claims Act Cases: Issues for Attorneys to Keep in Mind

Miles Mediation & Arbitration on 1/8/2025

When I started practicing law in 1981, I focused on labor and employment law. My practice involved management and union matters such as unfair labor practice charges and breaches of collective bargaining agreements. As a...more

Mediating Wage-Hour Collective and Class Actions: Special Factors to Keep in Mind

Miles Mediation & Arbitration on 12/5/2023

While there are certain elements present in every mediation, some types of cases are unique. A wage-hour collective or class action breaks the typical mediation paradigm. In most employment law-based mediations one expects...more

Navigating the Grey Areas of Neutrality in Reverse Auctions

JAMS on 7/28/2023

Given the number of class actions and other representative matters filed across the country, a phenomenon known as the reverse auction has increasingly evolved over the past decade, which affects both the process by which...more

Wage and Hour Mediations: Consider Tax Issues Beforehand

JAMS on 5/18/2023

In employment cases, the structure of settlement payments may have significant tax consequences for clients. Often the tax consequences depend on whether the settlement payments are for loss of income damages, which are...more

Circuit Split on Incentive Payments to Class Representatives Deepens

Bradley Arant Boult Cummings LLP on 10/11/2022

Two years ago, in Johnson v. NPAS Solutions, LLC, the Eleventh Circuit upended decades’ worth of precedent by categorically forbidding incentive payments to class representatives in class action settlements...more

Another Security Line Check Case: The Extent Of The De Minimis Rule Explored

Fox Rothschild LLP on 5/28/2021

There have been a host of federal cases recently focusing on whether time spent waiting in security lines is compensable. Some have gone for the plaintiffs and others for the employer, as these cases are nuanced and...more

Eleventh Circuit Decision Prohibits Incentive Awards for Class Reps

JAMS on 10/7/2020

On September 17, 2020, the U.S. Court of Appeals for the Eleventh Circuit issued a bombshell decision: A court may not award an incentive fee to a class representative. This is surprising, if not shocking, as it is standard...more

Securities Class Action Filings Continue at Record Levels: How Should D&O Insurers Respond?

White and Williams LLP on 1/31/2020

On January 29, 2020, Cornerstone Research released its annual report on securities class action filings. As expected, the report demonstrates that securities class actions in both federal and state courts continue to be filed...more

Australian Appeal Court Endorses Class Action Closure Process but with Warnings

Jones Day on 9/9/2017

Recently, in Jones v Treasury Wine Estates Limited (No 2) [2017] FCA 296, the Federal Court deviated from past class action practice. Registration was required to facilitate a mediation and group members could only...more

Class Action Settlement Checklist

JAMS on 3/6/2017

As most attorneys are aware, the settlement of a class action can be quite complicated. Unlike “one vs. one” cases, class actions involve terms that go beyond simple dollars and cents issues. This is particularly true since...more

Eleventh Circuit’s Liberal Reading of Bonner Mall a Game Changer for Class Actions?

Carlton Fields on 8/1/2016

An Eleventh Circuit panel recently vacated two district court orders after sending the parties to mediation, and after the parties’ conditioned settlement on vacatur of the orders. In Hartford Casualty Insurance Company v....more

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