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
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,...
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.
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...