Noa Baddish

Noa M. Baddish is an associate in the Labor & Employment Law Department. She is a member of the Sports, Employment Litigation & Arbitration, Class and Collective Action, Wage & Hour and Whistleblower & Retaliation Practice Groups.

Noa’s practice concentrates on all aspects of labor and employment law. Her employment litigation practice in state and federal courts includes class and collective actions and defending claims of discrimination, harassment, breach of contract and violations of wage and hour laws. Noa represents Major League Baseball and its clubs in an ongoing litigation brought by current and former minor league players who allege minimum wage and overtime violations. In addition, Noa has represented clients in the media and entertainment and fashion industries in lawsuits brought by unpaid interns in wage and hour disputes.

Firm/Organization: Proskauer Rose LLP

Blogs: Corporate Defense and Disputes, Employee Benefits & Executive Compensation Blog, Law and the Workplace, Proskauer on Class and Collective Actions, Proskauer Whistleblower Defense

Latest Articles

Proskauer on Class and Collective Actions

U. S. Supreme Court Holds that Third-Party Defendants to Counterclaims Cannot Remove Class Actions to Federal Court

By Elise M. Bloom & Noa Baddish

June 5, 2019

In a 5-4 decision in Home Depot U.S.A. Inc., v. Jackson, 587 U.S. __ (2019), the United States Supreme Court held that a third-party counterclaim defendant does not qualify as a “defendant” under the general removal statute, 28 U.S.C. § 1441(a) or under the Class Action Fairness Act of 2005 (“CAFA”) and therefore cannot remove class action claims to federal court under either statute. Brief Background This case started when a bank filed a debt…

Proskauer on Class and Collective Actions

United States Supreme Court Says Courts Cannot Compel Classwide Arbitration Absent Affirmative Contractual Agreement

By Elise M. Bloom, Noa Baddish & Hayley H. Fritchie

April 25, 2019

In a 5-4 decision authored by Chief Justice Roberts on April 24, 2019, the United States Supreme Court held that the Federal Arbitration Act (“FAA”) precludes a court from compelling class arbitration when an agreement is ambiguous on the availability of such arbitration. Lamps Plus Inc. et al. v. Varela, No. 17-988, 587 U.S. ___ (2019). In doing so, the Court reversed a decision by the United States Court of Appeals for the Ninth Circuit…

Employee Benefits & Executive Compensation Blog

Supreme Court Says that Equitable Tolling Cannot Extend Rule 23(f) Deadline

By Elise M. Bloom, Mark W. Batten & Noa Baddish

February 28, 2019

In a unanimous decision authored by Justice Sotomayor on February 26, 2019, the Supreme Court held that the 14-day deadline to seek permission to appeal a decision granting or denying class certification under Federal Rule of Civil Procedure 23(f) cannot be extended through the doctrine of equitable tolling. Nutraceutical Corp. v. Lambert. The Court reversed the Ninth Circuit’s decision, which had accepted a petition filed more than 14 days after the trial court’s decertification…

Proskauer on Class and Collective Actions

United States Supreme Court Says that Equitable Tolling Cannot Extend Deadline to Appeal Class Certification Decisions Under Rule 23(f)

By Elise M. Bloom, Mark W. Batten & Noa Baddish

February 28, 2019

In a unanimous decision authored by Justice Sotomayor on February 26, 2019, the Supreme Court held that the 14-day deadline to seek permission to appeal a decision granting or denying class certification under Federal Rule of Civil Procedure 23(f) cannot be extended through the doctrine of equitable tolling. Nutraceutical Corp. v. Lambert, No. 17-1094, 586 U.S. ___ (2019). The Court reversed the Ninth Circuit’s decision, which had accepted a petition filed more than 14 days…

Proskauer on Class and Collective Actions

Ninth Circuit Holds that Last-Known Addresses of Putative Class Members Are Insufficient To Satisfy CAFA Exceptions

By Mark W. Batten, Elise M. Bloom & Noa Baddish

September 25, 2018

The Class Action Fairness Act (“CAFA”) permits removal of many class actions from state to federal court, but includes a “local controversy” exception that forbids removal where two-thirds or more of the proposed class resides in the state where the action is brought. In disputes over efforts to use CAFA to remove class actions, the residence of the class members often is difficult to assess. Earlier this month, in King v. Great American Chicken Corp.,…

Proskauer Whistleblower Defense

CFTC Amends Whistleblower Rules to Strengthen Anti-Retaliation Protections and Encourage Whistleblower Tips

By Lloyd B. Chinn & Noa Baddish

May 25, 2017

On May 22, 2017, the U.S. Commodity Futures Trading Commission (“CFTC” or the “Commission”) adopted several additions to its whistleblower rules. Among other things, the amendments expand the Commission’s power to pursue anti-retaliation claims on behalf of whistleblowers and, like the SEC, now prohibit confidentiality agreements that “impede” a whistleblower’s communications with the CFTC. The CFTC first proposed some form of these amendments to its Whistleblower Rules last year.…

Proskauer Whistleblower Defense

Supreme Court Asked to Review Scope of Dodd-Frank’s Whistleblower Provision

By Lloyd B. Chinn, Harris Mufson & Noa Baddish

May 1, 2017

On April 25, 2017, Digital Realty Trust Inc. asked the United States Supreme Court to decide whether an employee who files an internal complaint (as opposed to a complaint with the SEC) is covered by the Dodd-Frank Act’s whistleblower-protection provision. …

Proskauer on Class and Collective Actions

Seventh Circuit Affirms Denial of Class Certification for Failure to Show Commonality under Dukes in Vacation Pay Suit

By Mark W. Batten, Elise M. Bloom & Noa Baddish

January 8, 2017

Last week, in McCaster et al. v. Darden Restaurants, Inc. et al., No. 15-3258 (7th Cir. Jan. 5, 2017), the Seventh Circuit relied on Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011) and affirmed the district court’s denial of class certification of Plaintiffs’ claims for vacation pay under state law. The Seventh Circuit’s reliance on Dukes demonstrates that the Supreme Court’s holding extends beyond the discrimination context and applies with equal force in wage…

Proskauer Whistleblower Defense

CFTC Issues Record-High Whistleblower Bounty Award

By Steven J. Pearlman & Noa Baddish

April 12, 2016

On April 4, 2016, the U.S. Commodity Futures Trading Commission (CFTC) issued its third and largest award, of more than $10 million, as part of its Dodd-Frank whistleblower program. As was the case with the CFTC’s two previous awards of $240,000 and $290,000—announced in May 2014 and September 2015, respectively—the Agency did not provide details about the whistleblower or the information that led to the enforcement action.…

Proskauer Whistleblower Defense

In 10-1 Verdict, Jury Finds No FCA Violation by Abbott Laboratories

By Harris Mufson & Noa Baddish

April 11, 2016

On April 7, 2016, after just three hours of deliberations following a three-week trial, a federal jury dismissed False Claims Act (“FCA”) claims against Abbott Laboratories brought by a whistleblowing former employee. The jury concluded that the company did not improperly market bile duct stents for off-label uses in vascular procedures.…

Noa Baddish

U. S. Supreme Court Holds that Third-Party Defendants to Counterclaims Cannot Remove Class Actions to Federal Court

United States Supreme Court Says Courts Cannot Compel Classwide Arbitration Absent Affirmative Contractual Agreement

Supreme Court Says that Equitable Tolling Cannot Extend Rule 23(f) Deadline

United States Supreme Court Says that Equitable Tolling Cannot Extend Deadline to Appeal Class Certification Decisions Under Rule 23(f)

Ninth Circuit Holds that Last-Known Addresses of Putative Class Members Are Insufficient To Satisfy CAFA Exceptions

CFTC Amends Whistleblower Rules to Strengthen Anti-Retaliation Protections and Encourage Whistleblower Tips

Supreme Court Asked to Review Scope of Dodd-Frank’s Whistleblower Provision

Seventh Circuit Affirms Denial of Class Certification for Failure to Show Commonality under Dukes in Vacation Pay Suit

CFTC Issues Record-High Whistleblower Bounty Award

In 10-1 Verdict, Jury Finds No FCA Violation by Abbott Laboratories

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