Tag Archives: “class action litigation”

Seventh Circuit Rejects Rule 67 Deposit Into Court Account as Easier Alternative to Rule 68 Offer of Judgment

By Greg Mersol on June 30, 2017 Posted in Rule 68

Over the years, Rule 68 offers of judgment have been touted as a means of picking off class representatives and a potentially easy way to terminate a class or collective action before it starts. It rarely really works that way, as many courts, particularly those that are disposed to class actions, have found endless ways … Continue Reading

Court Dismisses California Class Action Due to Limited California Nexus

By Greg Mersol on April 20, 2017 Posted in Class Action Litigation

It is no secret that California is a desired and favorable forum for class action litigation. It is therefore not surprising that plaintiffs might try to take advantage of that forum even when the connection between employment and California could be questioned. But how far do California’s tentacles reach? In Vidrio v. United Airlines, Case … Continue Reading

Statistics in Wage and Hour Class Actions: Has Anything Really Changed?

By Greg Mersol on April 25, 2016 Posted in FLSA, Wage and Hour

The probability is “not really” Statistics are kind of a holy grail of class action litigation. Everyone seems to know that they exist, but their understanding is shadowy and the quest to find valid statistical models often proves elusive. Last month’s Supreme Court decision in Tyson Foods, Inc. v. Bouaphakeo, Case No. 14-1146 (Mar. 22, … Continue Reading

Sixth Circuit Adopts Bright Line Test for CAFA Removals

By Greg Mersol on April 7, 2016 Posted in Class Action Fairness Act

Eyeglass case provides focus for employment class action removals Congress enacted the Class Action Fairness Act, better known as “CAFA,” to address some of the well-documented abuses of class action litigation. Among CAFA’s important provisions is one permitting defendants to remove class actions to federal court when there are over 100 potential class members and … Continue Reading

Sixth Circuit Rejects EEOC’s Expert Evidence In Proposed Pattern Or Practice Class Action Litigation

By Todd Dawson on April 14, 2014 Posted in EEOC

The EEOC learns what it’s like to be the statue and not the pigeon. The EEOC can’t seem to catch a break these days. After a string of recent cases in which the agency has been forced to pay employer attorneys’ fees for bringing frivolous claims, the most recent zinger came from the Sixth Circuit … Continue Reading

Due for review? The Allstate Insurance Co. v. Jacobsen certiorari petition frames state-court class action due process debate for U.S. Supreme Court resolution

By John Lewis on March 11, 2014 Posted in Rule 23

Co-Authored By: Dustin M. Dow Almost three decades ago, the U.S. Supreme Court explained that state courts had to extend fundamental due process protections to absent class action members. Now, a new petition for certiorari review presents the Court with the opportunity to demonstrate that it meant what it said. Allstate Insurance Company has petitioned the … Continue Reading

California District Court Rejects FLSA Settlement Due to 78% Fee Award

By Greg Mersol on December 18, 2013 Posted in FLSA, Off-the-clock, Wage and Hour

. . . but is the problem the courts’ use of percentages? Without settlements, class action litigation would likely grind the work of our nation’s courts to a halt. One impediment, however, to settlement in many cases is the amount of attorney fees. Particularly in smaller cases, or cases involving relatively minor alleged violations (e.g. … Continue Reading