Blog Archives

Supreme Court Blesses “Pick Off” Attempts in FLSA Actions…or Does It?

The Supreme Court held today that a collective action under the Fair Labor Standards Act may not continue if a defendant, prior to conditional certification, has mooted the named plaintiff’s case through an offer of full relief. Four dissenting justices,

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Supreme Court Update: 2013 Could Be a High-Water Mark for Class Action Developments

The 2012-13 Supreme Court term has been a hotbed of class action activity, with the justices set to decide at least half a dozen cases that will directly affect class action litigation. Although none of this term’s decisions is likely

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Seventh Circuit Deals a Blow to Defense Reliance on Wal-Mart v. Dukes

One of the pro-defense takeaways from the Supreme Court’s 2011 Wal-Mart Stores, Inc. v. Dukes decision was that the presence of a company-wide policy delegating employment decisions to the discretion of local managers meant the absence of a common issue

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It’s All Subjective: The Legacy of Wal-Mart v. Dukes Continues

The repercussions of the Supreme Court’s 2011 Wal-Mart Stores, Inc. v. Dukes decision continue to reverberate throughout federal courts in the United States. In Dukes, the plaintiffs sued on the theory that Wal-Mart’s use of subjective decision-making in its various

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NLRB Strikes Down Class Arbitration Waiver

Last year, in AT&T Mobility v. Concepcion, the Supreme Court upheld a class arbitration waiver in a consumer contract. Now, however, the National Labor Relations Board has struck down a similar waiver in the employment context, holding that requiring employees to

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The First Amendment and Class Actions: Leaving No Stone Unturned

A class action brought pursuant to theFair Labor Standards Act (FLSA) requires a proactive class. Unlike Rule 23 class actions, in which class members must affirmatively opt out in order to be excluded from the class, FLSA class actions require that

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Supreme Court to Review Class Certification in Gender Discrimination Suit Against Wal-Mart

This week, the U.S. Supreme Court granted Wal-Mart’s petition for certiorari challenging the certification of a class of 1.5 million female employees in a gender discrimination lawsuit. The Ninth Circuit affirmed the class certification in April. The writ of certiorari

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Ninth Circuit Affirmed WalMart Female Employee Class Certification

Ninth Circuit Certifies Class of 1.5 Million Female Employees to Pursue Title VII Discrimination Lawsuit Against Wal-Mart – Wal-Mart Responds with Cert. Petition. Wal-Mart, reportedly the world’s largest, private employer, has a written policy barring discrimination based upon gender, but

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