U.S. Supreme Court Eases CAFA Removals

By Greg Mersol on December 16, 2014 Posted in Class Action Fairness Act

Congress passed the Class Action Fairness Act (CAFA) in 2005, in response to perceived (in fact real) concerns regarding potential abuses of the class action process. Among CAFA’s important provisions was the right to remove a case to federal court. Despite the clear congressional intent, some federal courts have treated CAFA removal with hostility. The … Continue Reading

Ninth Circuit “Chases” Away Another Option for Removing PAGA Actions to Federal Court

By Greg Mersol on March 17, 2014 Posted in Class Action Fairness Act, PAGA, Wage and Hour

Authored By: Jeffrey Bils In yet another setback for employers seeking to remove California wage and hour cases to federal court, the Ninth Circuit held that the federal Class Action Fairness Act (“CAFA”) provides federal courts with no basis to assert jurisdiction over suits filed under the California Labor Code Private Attorneys General Act (“PAGA”) … Continue Reading

Court Refuses to Approve Collective Action Settlement Without Disclosure of Terms

By Greg Mersol on January 24, 2012 Posted in Class Action Fairness Act, FLSA

Confidentiality provisions in employment settlements are routine, but they can be problematic in the context of the settlement of a class or collective action. Class action settlements require court approval under Rule 23(e) (if the class is certified) and FLSA settlements require approval from either the United States Department of Labor or a court. See … Continue Reading