Topic
class certification
957 published works
Employment & Labor
Collective In Bargaining, Yes, But Insufficient Evidence To Support Class Treatment (For Now): Individual Union Members Fail In Their First Bid For Class Certification Against Service Employees International
By Laura Maechtlen and Brian Wong This past week the U.S. District Court for the Northern District of California issued a decision denying class certification in Herrera et. al. v.…
Class Action & Mass Torts
California Supreme Court Clarifies Class Action Standards in Brinker
By Matthew Holder, Thomas Kaufman
On Thursday, April 12, 2012, the California Supreme Court issued its much anticipated decision in Brinker Restaurant Corp. v. Superior Court. In addition to providing needed clarity regarding the law…
Employment & Labor
Wait! Don’t Tell Me! – Court Finds That An Employer Raised Appropriate Challenges To Class Claims At The Wrong Time
By Gerald L. Maatman, Jr., Chris Palamountain, and David Ross As quiz shows go, we believe that NPR has created the most honest one. The pauses designed to give the…
Wage & Hour - Developments & Highlights
Home Goods Assistant Managers Denied FLSA Conditional Certification
I have written that it is a rarity that a class is denied conditional certification in a FLSA collective action. When that happens, it is (often) the result of the…
Class Action & Mass Torts
Seventh Circuit Rejects Attempt To Reboot Certification Theory On Appeal
By Gerald L. Maatman, Jr. and Jennifer Riley As we have noted in multiple posts (here, here and here), the plaintiffs' class action bar has been increasingly focused on re-booting their class action…
Employee Benefits Law Report
United States Supreme Court Declines to Review Sixth Circuit’s Rejection of Class Certification in ERISA Fee Case
The Supreme Court last week denied a writ of certiorari to review the Sixth Circuit’s rejection of class certification for a group of self-insured health plans alleging that their plan…
Wage & Hour Litigation Blog
Actual Work Activities Performed, Not Employer Policies Alone,Trump in Denial of Class Certification
Authored by Laura Reathaford and Catherine Dacre Plaintiffs often argue in seeking class certification that an employer’s policy applicable to all or a certain group of employees provides sufficient evidence…
Workplace Safety and Environmental Law Alert Blog
Kieta Alexander v. Norfolk Southern: Another Toxic Torts Class Denied Certification in the Wake of Dukes
By Andrew H. Perellis and Ilana R. Morady After the U.S. Supreme Court issued its transformative decision in Dukes, et al. v. Wal-Mart Stores, Inc., No. 10–277 (June 20, 2011),…
Class Action Countermeasures
The Uses of the Named Plaintiff Deposition II – Burns v. Bayer Corp. (S.D. Ill. 2012)
By The Editors
I've written before about the uses to which defense counsel can put a well-taken named plaintiff deposition. And, once again, an opinion has come along that showcases just how important…
Mass Tort Defense
Federal Court Denies Certification of MP3 Class Action – Again
By Sean Wajert
A New Jersey federal court last week declined to certify a proposed class in a suit over alleged defects in the Zune MP3 player's display screen. See