In Comcast v. Behrend, a class action case involving how much Comcast charged cable TV subscribers, the United States Supreme Court held that as a prerequisite for certification of a class action, a plaintiff must introduce admissible evidence to show that the case is susceptible to awarding damages on a class-wide basis. Justice Antonin Scalia wrote for the majority… Continue Reading
Category Archives: Class Actions
Subscribe to Class Actions RSS FeedDid You Know…U.S. Supreme Court Ends Plaintiff’s CAFA Jurisdictional Gamesmanship
Posted in Class Actions, LitigationThe United States Supreme Court ruled unanimously in Standard Fire Ins. Co. v. Knowles that plaintiffs bringing class actions cannot avoid federal jurisdiction by representing that the class will seek less than $5 million in damages — the threshold beyond which defendants can remove a lawsuit initially filed in state court to federal court pursuant… Continue Reading
Did You Know…Class Certification Denied in Wang v. Chinese Daily News
Posted in Class Actions, Court Decisions, Wage and HourIn Wang v. Chinese Daily News, the Ninth Circuit reversed the class certification it had previously affirmed and remanded the matter for further consideration of Rule 23(a) commonality and Rule 23(b)(3) predominance. Notably, the Ninth Circuit applied the 2011 United States Supreme Court decision in Dukes v. Wal-Mart and held that Wal-Mart‘s prohibition on “trial by… Continue Reading
Did You Know…New Bill Introduced in the House – Equal Employment Opportunity Restoration Act – Would Overturn Dukes Ruling
Posted in Class Actions, Discrimination, LegislationOn June 20, 2011, the United States Supreme Court decided the landmark case of Wal-Mart Stores Inc. v. Dukes which significantly impacted enforcing anti-discrimination laws (as well as other laws) by way of class actions. One year later, both Al Franken, D-Minn., and U.S. Rep. Rosa DeLauro, D-Conn., introduced the Equal Employment Opportunity Restoration Act. If… Continue Reading
Did You Know…Wage and Hour Class Actions Can Be Converted into Individual Arbitrations Which Can Significantly Reduce an Employer’s Exposure
Posted in Class Actions, Court Decisions, Wage and HourEmployers who have arbitration agreements may be able to convert putative wage and hour class actions into individual arbitrations, reducing their potential exposure from millions (or hundreds of millions) to thousands of dollars. In 2010, the Supreme Court held in Stolt–Nielsen S.A. v. Animal Feeds Int’l Corp. that if the parties to an arbitration agreement… Continue Reading
Did You Know…The California Supreme Court Has Clarified Meal and Rest Period Obligations
Posted in Class Actions, Court Decisions, Wage and HourThe California Supreme Court finally issued its long-awaited decision in Brinker Restaurant Corp. v. Superior Court. In a unanimous opinion, the Court held employers (1) need only provide meal and rest periods, not ensure nor police that they are taken, (2) are not required to provide a meal period every five hours (no rolling meal… Continue Reading