Tag Archives: “Rule 23(a)”

Indiana District Court Finds Private Equity Firm Potentially Liable in WARN Class Action

This seems to be the month for class action cases presenting unusual issues in combination. Last week we wrote about a class action disparate impact claim of disability discrimination against the obese in which the court ultimately awarded sanctions against the plaintiff.  (Rare on all three counts).  This week we have a WARN Act class … Continue Reading

Choice of Law/Statute of Limitations Thwarts Class

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

Court Refuses To Certify Class of Unpaid Student Interns

Student internships can provide worthwhile benefits to the students involved, who gain experience, contacts, and accomplishments to place on their resumes.  Employers, too, can benefit from the work and insight of the intern, but may also want to take advantage of the benefits of free intern time.   Recognizing the benefit to the interns, the Department … Continue Reading

California Court Denies Certification of Class of Costco Managers

California has been the focus of numerous class action wage and hour suits involving retail managers and assistant managers. One reason is that California law defines the executive exemption slightly, but significantly differently than, federal law.  Under both the FLSA and California law, courts will consider whether the employee’s “primary duty” is management.  While under … Continue Reading

California District Court Denies Certification of Proposed Class Over Employee Expenses

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

Supreme Court Reverses Ninth Circuit in Dukes v. Wal-Mart

Today, June 20, 2011, the Supreme Court issued its highly anticipated decision in Wal-Mart Stores Inc v Dukes.pdf Case No. 10-277 (U.S. S. Ct. June 20, 2011). The Court not only reversed the Ninth Circuit, but issued several clear pronouncements regarding the plaintiff’s burdens and the quality of evidence necessary to certify an employment class. … Continue Reading

District Court Denies Certification of Class of BP Oil Platform Workers Claiming Radiation Exposure

In the wake (no pun intended) of the Horizon gulf oil spill, what could be worse than (a) representing BP; (b) in Louisiana; (c) on a case involving personal injuries allegedly sustained on an oil platform? How about making the injury one for alleged radiation exposure? And the defendant wins! We don’t ordinarily comment on … Continue Reading