News & Analysis as of

Standing Former Employee

Akin Gump Strauss Hauer & Feld LLP

Court of Appeal Blazes 'Middle Ground' Approach to PAGA Intervention

On August 18, 2022, the California Court of Appeal (Fifth District) decided Porras v. Chipotle Servs., LLC, No. F081113, 2022 WL 3499646, rejecting a former employee’s attempt to vacate a $4.9 million Private Attorneys...more

Genova Burns LLC

Potential Harm Enough For Class Action to Proceed in Data Breach Litigation

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The Third Circuit Court of Appeals has given new life to a putative class action suit led by a former employee of a company that suffered a ransomware attack, leading to her sensitive information being released onto the Dark...more

Payne & Fears

California Court of Appeal Reins in PAGA Abuse – Addressing Serial PAGA Lawsuits and Standing for Former Employees

Payne & Fears on

In Robinson v. Southern Counties Oil Co., 2020 WL 4696742 (certified for publication Cal. Ct. App. Aug. 13, 2020), the California Court of Appeal held that an action under the Private Attorneys General Act (“PAGA”), Cal....more

Seyfarth Shaw LLP

Chipotle’s Employees Denied Class Certification On Employment Discrimination Claims

Seyfarth Shaw LLP on

Seyfarth Synopsis: On January 15, 2020, in Guzman v. Chipotle Mexican Grill, Inc., No. 17-CV-02606-HSG, 2020 WL 227567 (N.D. Cal. Jan. 15, 2020), Judge Haywood Gilliam of the U.S. District Court for the Northern District of...more

McDermott Will & Emery

Federal Court Dismisses Challenge to ESOP Transaction

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In Lee v. Argent Trust Co., the court dismissed ERISA claims challenging an ESOP stock transaction because the plaintiff, who “fundamentally misunderstands the nature of the” ESOP transaction, did not allege that she suffered...more

Williams Mullen

Federal Judge Dismisses ERISA Fiduciary Breach Claim against University for Lack of Standing

Williams Mullen on

A federal district court judge in Washington D.C. dismissed an ERISA fiduciary breach suit brought by a former employee of George Washington University (“GW”), finding the former employee lacked standing to sue.  The...more

Womble Bond Dickinson

Does a violation of FCRA’s “Stand-Alone” disclosure requirement confer standing or not?

Womble Bond Dickinson on

Could there be a split brewing with regard to standing to pursue FCRA claims against potential employers for violating the stand-alone disclosure requirement contained in 15 U.S.C. § 1681(b)(2)(A)(i)? Maybe....more

Butler Snow LLP

All Rise, Sixth Circuit on Standing

Butler Snow LLP on

On September 20, 2018, in Durham v. Martin, et al., 2018 WL 4496404 (6th Cir. 2018), the Sixth Circuit reversed the Middle District of Tennessee’s finding that Jeremy Durham lacked standing to pursue a suit against certain...more

Holland & Knight LLP

Healthcare Law Update: September 2018

Holland & Knight LLP on

Regulation - CMS Contemplating Telemedicine Changes - The Centers for Medicare & Medicaid Services (CMS) recently published what it described as a "major proposed rule" that covers a number of topics that could have...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Fisher Phillips

Glimmers of Hope? Pair of Recent PAGA Cases Provide Rare Procedural Victories for California Employers

Fisher Phillips on

If you’re a California employer, perhaps no single law strikes fear into your heart quite as much as the Labor Code Private Attorneys General Act of 2004 (PAGA). PAGA allows individual “aggrieved employees” to bring...more

Knobbe Martens

Federal Circuit Review - October 2017

Knobbe Martens on

Federal Circuit Denies En Banc Rehearing in Mentor Graphics v. EVE-USA - In Mentor Graphics Corp. v. Eve-USA, Inc., Appeal Nos. 2015-1470, 2015-1554, 2015-1556, the Federal Circuit denied Synopsys’ and EVE’s petition for...more

Cozen O'Connor

Pennsylvania Federal Court Finds Standing in Data Breach Class Action

Cozen O'Connor on

The debate over standing in data breach litigation is gaining more attention lately. While many courts have hesitated to find standing prior to lost personally identifiable information (PII) actually being misused, the U.S....more

Faegre Drinker Biddle & Reath LLP

Whistleblower Defendant Blows Whistle on Whistleblower

Antonio Saidiani filed a whistleblower suit alleging that NextCare urgent centers and CEO Dr. Shufeldt had collected tens of millions of dollars in false Medicare claims. Antonio was in a position to know because he was that...more

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