Tag Archives: class litigation

Court Refuses to Certify Class Due to Lack of Adequacy of Class Counsel

By Greg Mersol on January 27, 2017 Posted in Class Certification, Rule 23

Class action litigation is not for amateurs We’ve commented before in this blog on cases in which courts declined to certify employment actions due to adequacy of class counsel. A recent case reflects that some courts will look not only to the presence or absence of conflicts or litigation misconduct but also to the plaintiffs’ counsel’s … Continue Reading

Supreme Court Spurns Rule 68 “Pickoffs,” Kind of, in Class Litigation

By Greg Mersol on March 14, 2016 Posted in Class Certification

OK, maybe it’s not a silver bullet, but at least there might be a tin one. Employment class action litigation is difficult, time-consuming, and expensive even if the employer is absolutely right. But what can an employer do to terminate it before being forced to defend a case and incur the related attorneys’ fees and internal … Continue Reading