Does class certification strip a defendant of its right to compel arbitration against unnamed class members? The Third Circuit recently held that it does not, unless the party seeking arbitration has waived that right by expressly or impliedly demonstrating an
Class Action & Mass Torts
Amazon accused in lawsuit of systematic pregnancy discrimination
In Brief
- Four former Amazon warehouse employees filed a proposed nationwide pregnancy discrimination class action.
- The lawsuit alleges Amazon denied chairs, bathroom and water breaks,
…
One Step At A Time: Another District Court Rejects The Lusardi Bifurcated Discovery And Conditional Certification Approach
By Gerald L. Maatman, Jr., Mike Rosenblatt, and Anna Sheridan Duane Morris Takeaways: On September 3, 2026, in Harris, et al. v. Shoe Show, Inc., No. 3:25-CV-00398 (W.D.N.C. Sept. 3, 2026), Judge Susan C. Rodriguez denied Plaintiffs’ pre-discovery motion for…
Napoli Shkolnik Files Dupixent Cancer Lawsuit as Federal Litigation Expands
NLRB Republican Majority and Ralphs Grocery: Arbitration Confidentiality for Employers
NLRB Composition Shifts With Macy’s Arrival
On August 17, 2026, James R. Macy was sworn in as the newest member of the National Labor Relations Board (NLRB) after Senate confirmation on August 7. With Chairman James R. Murphy and Member…
AI-Powered Call Transcription Tools Present Class Action BIPA Risk
Cybersecurity Coalition Calls for Collective Action as AI Changes the Threat Landscape
A broad coalition of artificial intelligence developers, cybersecurity companies, financial institutions, technology providers, and other organizations has issued an open letter calling for a coordinated effort to strengthen cyber defenses.
“We have a limited window to strengthen cyber defenses.”…
Tobacco Surcharge Claims Up in Smoke? DOL, HHS, and Treasury Issue FAQ 74: Addressing Questions Raised by Tobacco Surcharge Lawsuits
On August 26, the U.S. Departments of Labor, Health and Human Services, and the Treasury (the Tri-Agencies) jointly issued FAQ Part 74, new guidance addressing HIPAA wellness program rules under the Affordable Care Act (ACA). The guidance responds directly…



