On this edition, Ashley Kasarjian of Snell & Wilmer's Phoenix, AZ office, discusses the increase in employment-related class actions, recent major wage and hour class action settlements and verdicts and the differences between class actions and...
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...
Recently we posted in NLRB Finds Class Action Litigation Protected Activity Under
NLRA that employees' right to pursue litigation collectively in a class
action had been upheld by the National Labor Relations Board (NLRB).
Yesterday, the Supreme Court unanimously reversed the
certification of the class action in Wal-Mart Stores, Inc. v. Dukes ( discussed here ) . Recall that Dukes
sought the certification of a nationwide class of 1.5 million female Wal-Mart
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...
By: A. Peter Brodell, Turner A. Broughton
& Joseph R. Pope
On June 20, 2011, the United States Supreme Court issued
its much anticipated Wal-Mart v. Dukes, 2011 U.S. LEXIS 4567 [ an enhanced version of this opinion is available to lexis.com
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...
[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...
WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on
June 20 reversed certification of a class of more than 1 million current and
former female employees of the nation's largest retailer after finding that
certification was not consistent...
And so it begins. Wal-Mart v. Dukes [ an enhanced version of this opinion is available to lexis.com
subscribers / unenhanced version available from lexisONE Free Case Law ] has already
changed the course of class actions in 2011. In Cruz v. Dollar Tree...
by Jeremy Nash
The National Labor Relation Board's (NLRB) recent ruling
Horton Inc. answered an important question presented by the U.S.
Supreme Court's ruling last Spring in AT&T
Mobility LLC v. Concepcion : does federal policy...
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...
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'
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...
In Oxford Health Plans v. Sutter [ an enhanced version of this opinion is available to lexis.com subscribers ], the Supreme Court of the United States held that an arbitrator's determination that an agreement authorized class arbitration...