Tag Archives: “commonality and typicality”

Arkansas and California District Courts Deny Conditional Certification of Proposed FLSA Collective Class

By Greg Mersol on August 29, 2012 Posted in Class Certification

Courts routinely note the lighter burden of proof for conditional certification of FLSA cases, but oftentimes seem to allow certification based on little or no proof at all. A recent case from the Eastern District of Arkansas reflects that at least some courts will hold the plaintiff to that lesser evidentiary standard. In Farnsworth v. … Continue Reading

New Jersey Court Denies Certification of Large Sex Discrimination Class in Light of Dukes

By Greg Mersol on January 3, 2012 Posted in Class Certification, Title VII

In Dukes v. Wal-Mart Stores, Inc., 131 S. Ct. 2541 (2011), the Supreme Court held that it was error to certify a class of 1.6 million women alleging sex discrimination in employment. But what about a smaller, yet still enormous class? In Bell v. Lockheed Martin Corp., Case No. 08-6292 (RBK/AMD) (Dec. 14, 2011), the … Continue Reading

Court Dismisses EEOC ADA Class Action Complaint Under Twombly

By Greg Mersol on October 7, 2011 Posted in Class Certification, Discrimination

A recent decision from the United States District Court for the Northern District of Illinois contains three important lessons for employment class action litigation. The first is that disability cases, such as those under the Americans with Disabilities Act, are particularly hard to prosecute as a class. The second is a reminder that the parties, even if the … Continue Reading

Ninth Circuit Remands Sex Discrimination Case in Light of Dukes

By Greg Mersol on September 20, 2011 Posted in Class Certification, Discrimination

If there was a case that might indicate what the Ninth Circuit would do in the wake of the Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes.pdf, 131 S. Ct. 2541 (2011), it was that of Ellis v. Costco Wholesale Corp., Case No. CV-04-3341-MHP (N.D. Cal.). The Ellis case was, like Dukes, a putative … Continue Reading

California District Court Denies Certification of Proposed Class Over Employee Expenses

By Greg Mersol on August 30, 2011 Posted in Class Certification, Retail, Rule 23

A class action over socks?! Employers operating in California are subject many state-law employment regulations and the resulting ever-present threat of class action litigation. Suits over employment practice seem to come in waves based on industry and type of employee (e.g. insurance claims adjusters, retail managers) or specific policies (such as the current spate over … Continue Reading