Tag Archives: Dukes

Southern District of New York Denies Certification of Nationwide Case Alleging Sex Discrimination

A claim is brought against a large employer contending that, although personnel decisions are made locally, it discriminates in pay and promotions on the basis of sex nationwide. Sound familiar? That was, essentially, the claim in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), that the Supreme Court held should not have been certified. … Continue Reading

Comcast Oral Argument Raises Interesting Questions Surrounding the Application of Daubert to Class Certification

On November 5, 2012 the U.S. Supreme Court heard arguments in Comcast Corporation v. Behrend, No. 11-864 which arose from an action brought by Philadelphia cable subscribers alleging that Comcast monopolized Philadelphia’s cable market and excluded competition in violation of Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1-2.  Transcript of the … Continue Reading

California District Court Refuses Certification of Overtime Class of Retail Store Managers

Consistent with a trend that started roughly four years ago, a California District Court has refused to certify a class of retail store managers seeking overtime pay under California law on the grounds that individual issues would necessarily predominate.  Deane v. Fastenal, Inc.pdf., Case No. 11-CV-0042 YGR (N.D. Cal. Sept. 27, 2012).  This case also … Continue Reading

California Trial Court Decertifies Class of 13,000 Wackenhut Employees Under Dukes

What a difference a year or two can make in class action litigation. On March 10, 2010, the Superior Court for Los Angeles County, California certified a class of 13,000 employees in a series of consolidated cases asserting California rest and meal period claims against global security giant Wackenhut.  Wackenhut Wage and Hour Cases, Judicial … Continue Reading

Overtime Pay Class Certified Despite Individualized Issues

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

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

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
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