Ninth Circuit Affirms Decertification of FLSA Off-the-Clock Case

By Greg Mersol on September 21, 2018 Posted in Collective Action, FLSA

No, that isn’t a typo – it was the Ninth Circuit. Those familiar with collective action litigation are already familiar with the two-step paradigm most courts use to evaluate collective action claims. In the first stage, commonly misnamed “conditional certification,” the court determines whether to authorize notice to the putative class. In doing so, most courts … Continue Reading

Choice of Law/Statute of Limitations Thwarts Class

By Greg Mersol on July 30, 2013 Posted in Rule 23

Differences among putative class members are frequently the heart of the employer’s defense to a class action lawsuit. Such differences implicate the elements of commonality and typicality and possibly even adequacy of representation under Rule 23(a) and also erode or destroy the predominance and superiority requirements of Rule 23(b)(3). These differences usually spring from the … Continue Reading

CAFA’S Local Controversy Exception and Use of Extra-Pleading Materials

By John Lewis on February 24, 2011 Posted in Uncategorized

Some defense counsel breath a sigh of relief after they manage to remove a class action to federal court but, as the case below illustrates, the battle may be far from won. The Class Action Fairness Act of 2005 (“CAFA”) permits defendants to remove a diversity action from state to federal court when certain criteria … Continue Reading