There seem to be two prevailing conceptions of class actions.  In one view, a class action is a way of determining many similar claims at once by evaluating common evidence that reliably establishes liability (and lays a ground work for efficiently calculating damages) for each class member. View Full Post
Rise Of The Zombie Lawsuit: Fifth Circuit Revives Former Dukes Class Member’s Individual Claims Against Her Former Employer As we previously reported, following the re-booting of discrimination claims by a member of the former class in Dukes et al. v. Wal-Mart Stores, Inc., a Texas federal district court judge dismissed the individual and class claims of that plaintiff. View Full Post
The Final Chapter In Dukes v. Wal-Mart? As we reported here, following their stinging defeat before the U.S. Supreme Court in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), plaintiffs rebooted their claims in a fourth amended complaint alleging class-based gender discrimination claims with very important changes aimed to address deficiencies identified by the U.S. View Full Post
Sixth Circuit To Consider Whether Former Wal-Mart v. Dukes Plaintiffs’ Claims Are Timely While Wal-Mart scored a major victory for employers in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), the former class members are continuing to try and regain some of the ground they lost. As reported here, herehere and here, several district courts have considered whether or not the claims of former Dukes plaintiffs who filed follow-on lawsuits after the landmark decision are time-barred, with varying results. View Full Post
In its recent decision in Scott v. Family Dollar Stores, Inc., No. 12-1610 (4th Cir. Oct. 16, 2013), the Fourth Circuit ruled that the district court abused its discretion by refusing to allow plaintiffs asserting claims of gender-based pay discrimination leave to file an amended complaint based upon an erroneous interpretation of the Rule 23(a) commonality requirements for class certification set forth by the United States Supreme Court in Wal-Mart Stores, Inc. View Full Post
While commentators can, and often do, debate fine points regarding the technical elements of a class action claim, the result in a given case is often dictated by a more fundamental concern.  That issue is whether the judge views class action treatment as an exception to the general rule or, instead, as a fundamental right.  View Full Post
Saks Puts Up Its “Dukes”? Judge Rules Class Members Too Dissimilar In Denying Class Certification Last week, in Till v. Saks Inc., U.S. District Judge Saundra Brown Armstrong of the Northern District of California denied Plaintiffs’ motion to certify a class of present and former exempt managers and associates at Saks’ Off 5th retail stores, and granted Saks’ preemptive bid to deny approval of a nationwide FLSA certification. View Full Post
No Love: Florida District Court Dismisses Class Allegations Filed As Untimely Under Eleventh Circuit’s “No-Piggyback Rule” As discussed here, in the wake of the U.S. Supreme Court’s decertification of a nationwide class in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), former class members have filed a number of follow-on actions against Wal-Mart.  View Full Post