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Oral Argument in Wal-Mart v. Dukes: Class Certification Appears Unlikely as Justice Kennedy Raises Internal Inconsistencies in Plaintiffs’ Argument

by Arthur Silbergeld and Jessica Boar of Bingham McCutchen LLP Counsel for Plaintiffs' time before the Supreme Court during oral argument on Tuesday morning probably felt more like years than an hour. The Court pounded Plaintiffs' counsel with questions regarding the suitability of the...

Supreme Court: No 1st Amendment Protection For Government Employee’s ‘Petition’

[UPDATED: 6/21 9:03 p.m.: Case number corrected] WASHINGTON, D.C. - (Mealey's) A government employer's actions alleged to be retaliatory are not limited by the First Amendment's petition clause unless the employee's petition is related to a matter of public concern, the U.S. Supreme...

Supreme Court, in Wal-Mart Employment Discrimination Case, Changes the Landscape of Class Action Litigation

On June 20, 2011, the U.S. Supreme Court issued its decision in Wal-Mart Stores v. Dukes ( an enhanced version of the opinion is available to lexis.com subscribers. ), which overturned certification of a class of 1.5 million current and former female Wal-Mart employees alleging gender discrimination...

Foley & Lardner Alert: Supreme Court Raises Bar for Class Action Plaintiffs in Wal-Mart v. Dukes

On June 20, 2011, the United States Supreme Court sided with Wal-Mart in a long-awaited decision regarding standards that apply to class action cases. The new opinion makes it harder for plaintiffs to obtain class certification. The case was brought by three female Wal-Mart employees (current...

Apparently It’s a Short Trip from Wal-Mart to Breast Feeding

Last Friday, Labor Secretary Hilda Solis released the following statement about the Dukes v. Wal-Mart decision on the DOL's Work in Progress blog : The Court's decision in the Walmart lawsuit made no ruling on whether America's largest employer engaged in unlawful pay discrimination...

Wal-Mart Stores, Inc. v. Dukes: Whither Class Actions?

In Wal-Mart Stores, Inc. v. Dukes, the Supreme Court ruled that a class in a massive gender discrimination case had been improperly certified under Federal Rule of Civil Procedure 23(b)(2), both because common questions were lacking under Rule 23(a)(2), and because the class had sought individualized...

KPMG Audit Associates Win Conditional Class Certification in FLSA Action

On January 3, 2012, in Pippins v. KPMG LLP , 2012 U.S. Dist. LEXIS 949 (S.D.N.Y. Jan. 3, 2012) [ an enhanced version of this opinion is available to lexis.com subscribers ], U.S. District Judge Colleen McMahon issued an order conditionally certifying a national collective action against KPMG LLP,...

2012 SCOTUS Employment Law Preview!

It's here! The new SCOTUS season kicks off today! Let's see what kind of employment law goodies the Court has in store for us (in order of my personal preference): Supervisor Liability In Vance v. Ball State University, the Supreme Court will determine who counts as a supervisor in harassment...

FLSA Victory: Class Certification Denied

Ask any employment lawyer what the worst employment law is and I'd be willing to bet the overwhelming majority would answer, "the FLSA." Although the Fair Labor Standards Act (FLSA) was written with the right idea in mind--to ensure employees are paid for the work that they perform--the...

Has Florida Supreme Court Rejected Wal-Mart v. Dukes Class Certification Analysis?

by E. Colin Thompson and J. Trumon Phillips The Florida Supreme Court has issued a decision that plaintiffs' lawyers will surely argue makes certification of class actions easier in Florida state courts than in federal and other state courts. In its per curiam decision entered in Soper v...

9th Circuit Applies Dukes v. Wal-Mart to a Wage/Hour Class Action

On March 4, 2013 the Ninth Circuit issued a second opinion in the action, Wang v. Chinese Daily News ( Wang II ) , in which it reversed the class certification it had previously affirmed and remanded the matter for further consideration of Rule 23(a) commonality and Rule 23(b)(3) predominance. ...

The Legal and Ethical Issues of the Class Action “Pick Off”

Have you heard that the new owner of the Cleveland Browns has gotten himself into a bit of legal trouble? It's alleged that Jimmy Haslem's other business, Pilot Flying J, defrauded trucking companies of fuel rebates. In an effort to head-off a stream of civil lawsuits, Mr. Haslam has been...

Duo of Unfavorable Class Certification Decisions Handed Down

Two steps forward, one step back. That seems to be the pace of wage and hour class certification decisions for California employers these days. In recent months, both the Ninth Circuit and some California Courts of Appeal have issued employer-friendly decisions holding that class certification is...

Ohio Supreme Court Strikes Blow to Class Action Lawsuits

In recent terms, the U.S. Supreme Court has shown some hostility to class action lawsuits. In Wal-Mart v. Dukes , the Court concluded that a district court must examine the underlying merits of a claim to determine if class certification is appropriate, and that a class must have some glue binding...

Hall v. Rite Aid and the Return of the Underpants Gnomes

by Thomas Kaufman The Fourth District Court of Appeal’s decision earlier this month in Hall v. Rite Aid Corp. represents an unfortunate step backwards in the development of a coherent jurisprudence on class certification [ an enhanced version of this opinion is available to lexis.com subscribers...