Wage and Hour, Class Action, Federal Rules of Civil Procedure

The Fourth Circuit Disavows Generalized, Overinclusive, and Overly Broad Classes and Class Definitions

Nelson Mullins Riley & Scarborough LLP on 1/17/2025

On December 17, 2024, the United States Court of Appeals for the Fourth Circuit handed down its published opinion in Stafford v. Bojangles’ Restaurants, Inc., 2024 WL 5131108 (4th Cir. 2024). In a rare move, the Fourth...more

Issues Classes Under Rule 23(c)(4): Seventh Circuit Focuses on Superiority

Robinson+Cole Class Actions Insider on 10/7/2024

Plaintiffs sometimes seek to certify an “issues class” under Federal Rule of Civil Procedure 23(c)(4) (or an equivalent state court rule) if they anticipate difficulty certifying the entire case for class treatment, but...more

Sixth Circuit Asked to Resolve District Court Split on Ohio Class and Collective Action Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/12/2024

On January 3, 2024, the defendant in Heppard v. Dunham’s Athleisure Corporation filed an interlocutory appeal to the U.S. Court of Appeals for the Sixth Circuit, arguing that the U.S. District Court for the Eastern District...more

Kentucky Federal Court Questions Proposed $5 Million Settlement in Anti-poaching Class Action

Lathrop GPM on 10/9/2023

Refusing to rubber-stamp a proposed $5 million anti-poaching class action settlement, a federal court in Kentucky has directed the plaintiff to provide additional information to allow proper consideration of the factors...more

Dead End for Class Certification? Ninth Circuit Provides Roadmap for Defending Independent Contractor Misclassification Class...

BakerHostetler on 7/11/2022

For businesses using independent contractor vendors, misclassification claims are usually well-suited for class certification. A plaintiff’s path toward certifying a class can be relatively smooth when all vendors of a...more

Trial Before Certification in FLSA Class Action Case?—Third Circuit Says No Way!

Fox Rothschild LLP on 10/8/2021

In a chicken-and-egg type of case, an unusual case, the Third Circuit has emphatically held a Judge taking over a class action case must deal with the threshold issue of whether a class should be certified prior to a trial...more

Sleepless Nights Ahead For WalMart’s Overnight Assistant Store Managers After Denial of Class Status

Genova Burns LLC on 5/1/2020

On April 24, 2020, the District Court for the District of New Jersey in Sundel Quiles, et al. v. Wal-Mart Stores, Inc., d/b/a Wal-Mart, 2:16-cv-09479 (D.N.J. April 24, 2020) recently considered a motion for class...more

Second Circuit Court of Appeals Adopts “Primary Beneficiary Test” and Provides Guidance on the Unpaid Intern Question

Sheppard Mullin Richter & Hampton LLP on 7/28/2015

On July 2, 2015, the Second Circuit Court of Appeals issued significant pro-employer decisions in Glatt v. Fox Searchlight Pictures (Nos. 13-4478-cv, 13-4481-cv) (“Fox”) and Wang v. Hearst Corp. (No. 13-4480-cv) (“Hearst”)...more

Supreme Court to Decide Class Action Issues Involving Settlement Offers to Named Plaintiffs, Statistical Sampling and Class Member...

Robinson & Cole LLP on 6/17/2015

I’ve been delayed a bit in reporting on this, but the October 2015 term of the U.S. Supreme Court is shaping up to be a blockbuster one for class action law. Perhaps even bigger than the October 2010 term, which brought us...more

Supreme Court Agrees to Hear Case Addressing Scope of Wage and Hour Class and Collective Actions

BakerHostetler on 6/11/2015

It’s hard enough to predict what the Supreme Court will do on a given case even after it has been briefed and oral argument has been heard. It’s even harder when all we have is the decision accepting certiorari, but this one...more

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