Class action news has slowed a bit over the Summer months, at least compared to the non-stop action we witnessed this Spring. But one area that has seen continued development in the past few months has been the area of class arbitration waivers, where several lower court decisions have been issued in the wake of AT&T Mobility LLC v. Concepcion. A view [...]
Archive for the ‘Employment Class Actions’ Category
Supreme Court Says No to Class Certification in Wal-mart v. Dukes
Posted in Class Action Decisions, Employment Class Actions, Federal Court Decisions, Supreme Court Decisions on June 20, 2011 | 2 Comments »
As was widely expected, the Supreme Court has overturned class certification in what has been called the largest employment discrimination class action in history. The slip opinion in Wal-mart v. Dukes, No. 10-277, (S. Ct. June 20, 2011). is available at the Court’s website. The justices were unanimous in finding that Rule 23(b)(2) did not [...]
Is the Key to Class Actions Under FRCP 23(b)(2) that the Plaintiff Seeks “Equitable” Relief, or that the Plaintiff Seeks “Monetary” Relief?
Posted in Class Action Decisions, Employment Class Actions, Federal Court Decisions, rule 23, tagged 23(b)(2), back pay, class action, dukes, employment discrimination, equitable, injunctive relief, monetary, posner, wal-mart on April 7, 2011 | Leave a Comment »
Last week, Seventh Circuit Court of Appeals Judge Richard Posner authored an opinion addressing one of the key issues awaiting a ruling by the United States Supreme Court this term, holding that an employment discrimination class action seeking back pay could not be certified under FRCP 23(b)(2). Here is a relevant excerpt from the opinion, Randall v. Rolls-Royce Corp., No. 10-3446, [...]
Wal-Mart v. Dukes Oral Argument Transcript
Posted in Class Action News, Employment Class Actions, Supreme Court Decisions, tagged back pay, commonality, dukes, employment discrimination, ginsburg, injunctive relief, kagan, oral argument, predominance, rule 23(b)(2), scalia, sotomayor, Supreme Court, typicality, wal-mart on March 29, 2011 | 1 Comment »
The Wal-Mart v. Dukes argument was held as scheduled today. Here is a Wal-Mart v. Dukes Oral Argument Transcript. Some initial observations: The beginning of the defendant’s argument was focused on the proper standard for reviewing whether the plaintiff had sufficiently common evidence of a uniform policy. It was not until later in the defendant’s [...]
Supreme Court Set to Hear Argument in Wal-mart v. Dukes Next Tuesday
Posted in Class Action News, Employment Class Actions, Supreme Court Decisions, tagged 23(a), 23(b), 23(b)(2), back pay, class action, dukes, employment class action, frcp 23, injunctive, Supreme Court, u.s. supreme court, wal-mart on March 25, 2011 | Leave a Comment »
The United States Supreme Court will hold oral argument next Tuesday, March 29, 2011, in case of Wal-mart v. Dukes, No. 10-277. The issue for review, at least so far, according to order granting certiorari, is: Whether claims for monetary relief can be certified under Federal Rule of Civil Procedure 23(b)(2) – which by its terms [...]
Cert Granted in Walmart v. Dukes
Posted in Class Action News, Employment Class Actions, rule 23, Supreme Court Decisions, Uncategorized, tagged 23(b)(2), dukes, dukes v. wal-mart, employment class action, employment discrimination, scotus, u.s. supreme court on December 7, 2010 | 2 Comments »
Can plaintiffs seek back-damages using a class action vehicle that’s built for righting wrongs in equity through remedies like injunction? In the biggest work place class action ever, the United States Supreme Court has granted cert on the question of whether plaintiffs can use the Rule 23(b)(2) injunctive class procedure as a vehicle to seek money damages. [...]
Class Action Blogosphere Periodic Review
Posted in Class Action Trends, Supreme Court Decisions, Class Action News, Employment Class Actions, Class Action Decisions, Securities Class Actions, Consumer Class Actions, tagged collateral estoppel, consumer class action, securities class action, class arbitration waiver, class action waiver, wage and hour class action, ascertainability, concepcion, AT&T Mobility, all writs act, fast food class action, mcdonald's class action, expert witness discovery, rule 26(a)(2), oppression remedy, hooters on November 9, 2010 | 2 Comments »
It’s back! We can’t promise that it will appear weekly, so we changed the name to Class Action Blogosphere “Periodic” Review. But, as always, we have combed through our favorite blogs and news feeds to bring our readers up to speed on a some of the notable developments in class action news. The End of [...]
Baker Hostetler Employment Group Launches Employment Class Action Blog
Posted in Employment Class Actions, Other class action blogs, tagged amlaw 100, amlaw 200, baker & hosetler, Baker Hostetler, employment class action, employment litigation, lexblog on October 21, 2010 | Leave a Comment »
With the help of Kevin O’Keefe’s LexBlog, Baker Hostetler’s employment group has come blazing into the world of 21st century social media with its new law blog, aptly named Employment Class Action Blog. The quality entries submitted so far include case summaries, practice tips, legislative updates, and analysis covering a variety of employment class action-related topics. [...]
Seyfarth Shaw Report Tracks Trends in Workplace Class and Collective Actions
Posted in Class Action Trends, Employment Class Actions, tagged employment and labor, employment class action, ERISA Class Action, labor class action, workplace class action on January 20, 2009 | Leave a Comment »
Karen Sloan authored this January 21 article in The National Law Journal (available at Law.com) summarizing a recent report by Chicago employment defense firm Seyfarth Shaw summarizing trends in employment-related class and collective actions in 2008. The NLJ article’s summary offers the not-so-surprising conclusion that the poor economy is helping to fuel a surge in class and collective actions [...]
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Thoughts on Wal-Mart Stores, Inc. v. Dukes
Posted in Class Action Decisions, Commentary, Employment Class Actions, Federal Civil Procedure, Supreme Court Decisions, tagged adverse impact, class certification, daubert, dukes, employment class action, expert witness, ginsburg, rigorous analysis, rule 23, scalia, statistical evidence, statistical proof, Supreme Court, wal-mart on June 20, 2011 | 5 Comments »
Many commentators correctly that the decision in Wal-Mart Stores, Inc. v. Dukes would be favorable to business interests. However, unlike the Court’s earlier decision in AT&T Mobility v. Concepcion, the decision does not necessarily threaten to sound a death knell for class actions or even a particular category of class actions. Instead, the decision merely clarifies the standards on which future class actions are to [...]
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