Class Actions - General

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims.

Executive Summary: On May 26, 2016, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit held that a class and/or collective action waiver contained in an arbitration agreement was unlawful under the National Labor Relations Act (NLRA) and was, therefore, unenforceable. Lewis v.

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics:

For employers who are facing class claims under the Telephone Consumer Protection Act, you may have more support for your defense: The U.S. District Court for the Southern District of California recently granted Wilshire Consumer Capital’s (WCC) motion to deny class certification in a putative class

There’s been a lot of buzz in the past few weeks surrounding Lyft’s proposed class action settlement in Lyft v. Cotter, NDCA Case No. 13-cv-04064-VC. Under the terms of the proposed settlement, Lyft will, among other things, (1) pay putative class members $12.25 million; (2) replace its current at-w

A divided U.S. Supreme Court recently ruled in Campbell-Ewald Co. v. Gomez1 that an unaccepted settlement offer or offer of judgment is a legal nullity that cannot moot a case. However, the Court left open the possibility that payment of complete relief may suffice.

Yesterday, the United States Supreme Court issued its opinion in Campbell-Ewald Co. v. Gomez, resolving a split among the federal Circuit Courts of Appeal on the issue of whether an unaccepted Rule 68 offer of judgment to the representative plaintiff in a class or collective action operates to moot

The U.S. Supreme Court today eliminated a strategy defendants have used to stem the rising tide of class action lawsuits—offering the named plaintiffs in a class action lawsuit full relief, mooting their individual claim (regardless if they accept it), and along with it, rendering the class action m

This morning the U.S. Supreme Court issued its decision in Campbell-Ewald Company v. Gomez. Here is the decision. The Court decided (6-3) that an unaccepted offer of judgment does not moot a case, resolving the circuit split, and answering the question left unanswered in Genesis Healthcare Corp. v.

Our quarterly Class Action Trends Report discusses significant new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims.

Whether a plaintiff who alleges no injury may bring a lawsuit, including a class action, based on a violation of statutory rights was the central issue before the U.S. Supreme Court on November 2, 2015, when the Court heard oral argument in Spokeo, Inc. v. Robins, et al., No. 13-1339.

If an employee brings a class action lawsuit, the employer offers the representative employee more than he could possibly recover individually in the lawsuit and the employee rejects the offer, does the offer “moot” the individual’s claims and, more importantly, require dismissal of the class claims

The U.S. Supreme Court heard oral argument in Campbell-Ewald Company v. Gomez, No. 14-857, a case that could significantly affect the viability of class action litigation, particularly wage and hour class actions, though the case pending before the Court arises under the Telephone Consumer Protectio

Below is a link to the latest issue of the Jackson Lewis Class Action Trends Report.

ERISA neither expressly nor impliedly prohibits mandatory arbitration of claims. Numerous courts that have analyzed the purpose of both ERISA and the Federal Arbitration Act (“FAA”) have held that ERISA claims are arbitrable. And while the Supreme Court has not spoken directly to the issue, the Cour

The United States Supreme Court unfortunately denied review in Bridgestone Retail Operations v. Milton Brown (Docket No. 14-790) – thereby declining a second opportunity to review the California Supreme Court’s determination that PAGA representative action waivers in employment arbitration agreement

Last week, the U.S. Court of Appeals for the Ninth Circuit issued two opinions attempting to clarify what proof a defendant seeking removal must produce to establish the $5 million amount-in-controversy requirement for removing a class action lawsuit under the Class Action Fairness Act (CAFA).

A recent class action alleging discriminatory hiring practices against beneficiaries of the Department of Homeland Security’s Deferred Action for Childhood Arrivals (“DACA”) deserves attention in light of President Obama’s recent directive to defer action for as many as five million individuals. The

In Chapman v. BOK Financial Corp., a federal court in Oklahoma found that the plaintiff loan officers failed, as a matter of law, to establish a willful violation of the Fair Labor Standards Act (FLSA) and dismissed those claims that were time-barred by the FLSA’s standard two-year limitations perio

The swelling tide of class action litigation against employers under the Fair Credit Reporting Act (FCRA) is unmistakable. It cuts across all industries, including retailers, restaurant chains, theatre chains, manufacturers, financial institutions and transportation companies. To illustrate how the