Tag Archives: “certification”

District Court Decertifies Hostile Environment Sexual Harassment Suit Against Trucking Company

By Greg Mersol on January 22, 2019 Posted in FLSA, Rule 23

Most employment class actions today are wage and hour matters, but class actions for alleged discrimination are still brought and can present their own unique challenges for both plaintiffs and the defense. Apart from the procedural differences between Fair Labor Standards Act collective actions and Rule 23 class actions, one key difference between wage and … Continue Reading

Do Daubert standards apply at the certification stage? Ninth Circuit splits with itself

By Greg Mersol on November 2, 2018 Posted in Class Certification, Wage and Hour

It is fitting that the day after Halloween the Ninth Circuit issued its denial of rehearing en banc in Sali v. Corona Regional Medical Center, Case No. 15-56460, because the issue it raises, like Michael Myers in the Halloween movie series, should have been dead long ago. We’ve blogged the issue of whether Daubert standards … Continue Reading

Supreme Court Limits Review of Certification Denials

By Greg Mersol on June 14, 2017 Posted in Class Certification

One of the difficulties of class action litigation that continues to vex employers is the frequent inability to obtain meaningful review of certification decisions. Because, the reasoning goes, certification orders are interlocutory in nature, there is no right of immediate review. While since 1998 there has been the potential for review of orders granting or … Continue Reading

Merits Trump Certification Issues in Two Southern District of New York Cases

By Greg Mersol on September 25, 2014 Posted in Class Certification, Independent Contractors, Overtime Claims

Three years ago, the Supreme Court found in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541, 2551-52 (2011) that courts “frequently” will need to look to the merits in determining whether certification is appropriate, particularly where the issues of the merits and certification may overlap. Despite this pronouncement, plaintiffs often assert that courts should … Continue Reading

Court Rejects Pseudo-Expert Reports and Refuses to Certify Off-the-Clock Case

By Greg Mersol on August 15, 2014 Posted in Class Certification, FLSA, Off-the-clock

Off-the-clock cases involving call centers have been in vogue for a number of years despite lingering issues regarding whether they can truly be resolved on a class-wide basis. A recent case from the District of Maryland, Faust v. Comcast Cable Communications Management, LLC, Civil Action No. WMN-10-2336 (July 15, 2014), suggests that they cannot. Further, … Continue Reading