Overtime Pay Class Certified Despite Individualized Issues

By Greg Mersol on June 1, 2012 Posted in Overtime Claims

Authorship credit: S. Jeanine Conley Editor’s Note: Analysis of the Cuevas decision can also be read on Baker Hostetler’s Class Action Lawsuit Defense blog. In Cuevas v. Citizens Financial Group Inc.pdf, Case No. 10-cv-5582 (E.D.N.Y. May 2, 2012), the plaintiff brought an action on behalf of all Assistant Bank Managers (“ABMs”) who had worked at one of … Continue Reading

ERISA Class Actions Still Being Certified Post-Dukes

By Greg Mersol on April 9, 2012 Posted in ERISA

Authorship credit: Paul S. Enockson ERISA class certification motions routinely cite cases for the proposition that ERISA cases are the paradigmatic example of cases that are appropriate for class certification. The United States District Court for the Southern District of Ohio’s recent decision in Adams v. Anheuser-Busch Companies, Case No. 2:10-cv-826, provides continuing support for … Continue Reading

Seventh Circuit Finds Certification of Overtime Disputes Meets Dukes Standards

By Greg Mersol on February 2, 2012 Posted in Class Certification

The Seventh Circuit has now issued a decision relating to the application of Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), to state law overtime disputes. While the decision is curious for many reasons, it may prove problematic for Seventh Circuit employers as it relates both to the issue of class definitions and … Continue Reading