by Arthur Silbergeld and Jessica Boar of Bingham McCutchen
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...
[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...
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...
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
The case was brought by three female Wal-Mart employees
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
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...
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,...
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...
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...
by E. Colin Thompson and J. Trumon
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...
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.
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
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
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...
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...