Tag Archives: “class action litigation”

Court Dismisses California Class Action Due to Limited California Nexus

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?

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

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

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

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

. . . 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
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