Tag Archives: Litigation

Eleventh Circuit Upholds Small Fee Award in FLSA Case

By Greg Mersol on December 8, 2020 Posted in FLSA

When is a win not a win? One ace in the hand of plaintiffs’ counsel in Fair Labor Standards Act (FLSA) litigation (as well as claims under Title VII, the Americans with Disabilities Act or the Age Discrimination in Employment Act) is their ability to recover attorney fees should they prevail. While that is, indeed, … Continue Reading

Seventh Circuit Rejects Rule 67 Deposit Into Court Account as Easier Alternative to Rule 68 Offer of Judgment

By Greg Mersol on June 30, 2017 Posted in Rule 68

Over the years, Rule 68 offers of judgment have been touted as a means of picking off class representatives and a potentially easy way to terminate a class or collective action before it starts. It rarely really works that way, as many courts, particularly those that are disposed to class actions, have found endless ways … Continue Reading

New York District Court Grants Summary Judgment for Employer in Gawker Intern Case

By Greg Mersol on April 5, 2016 Posted in Class Certification, FLSA

Litigation Over Interns Dries Up Internship Opportunities The natural and probable consequence of litigation over unpaid internships was that such opportunities would disappear because the risk of litigation for even a legitimate program would outweigh the likely benefit. The result of the much-touted Gawker intern litigation underscores that reality. We’ve blogged about the Gawker intern … 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

Class Action Waivers And Arbitration Agreements – Justices Divided On Validity Of Effective Vindication Of Rights Analysis In AMEX Oral Argument

By John Lewis on March 5, 2013 Posted in Uncategorized

Co-Authored By: Ruth E. Hartman Introduction The U.S. Supreme Court heard the much anticipated oral argument in American Express Co. v. Italian Colors Restaurant on February 27, 2013. The issue before the Court was whether an arbitration clause which prohibits class actions should be enforced if the claimant could establish that enforcement of the clause would … Continue Reading