Tag Archives: “Rule 23(b)(2)”

Due for review? The Allstate Insurance Co. v. Jacobsen certiorari petition frames state-court class action due process debate for U.S. Supreme Court resolution

By John Lewis on March 11, 2014 Posted in Rule 23

Co-Authored By: Dustin M. Dow Almost three decades ago, the U.S. Supreme Court explained that state courts had to extend fundamental due process protections to absent class action members. Now, a new petition for certiorari review presents the Court with the opportunity to demonstrate that it meant what it said. Allstate Insurance Company has petitioned the … Continue Reading

Cullen v. State Farm – The Ohio Supreme Court Returns to Rule 23 Issues

By John Lewis on November 19, 2013 Posted in Class Certification, Rule 23

This blog post was co-authored by: Patrick T. Lewis, Michael D. Meuti and Robert J. Tucker On November 5, 2013, the Supreme Court of Ohio adopted the class certification principles announced in the U.S. Supreme Court’s decisions in Wal-Mart Stores, Inc. v. Dukes and Comcast v. Behrend. In Cullen v. State Farm Mutual Automobile Ins. … Continue Reading

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

By Greg Mersol on October 1, 2013 Posted in Rule 23, WARN Act

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

Pennsylvania Court Denies Certification Of Disability Discrimination Claims

By Greg Mersol on April 26, 2013 Posted in Discrimination, Rule 23

In the vast majority of discrimination cases, there is little dispute over whether the plaintiff is actually in a protected group. For example, in sex discrimination cases, for the most part, they are either male or female; in age cases either over or under 40. Despite the demographic changes in the country, there are few … Continue Reading

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

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

By Greg Mersol on January 3, 2012 Posted in Class Certification, Title VII

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

Court Certifies Class of Black New York City Firefighters In Remediation Phase of Case

By Greg Mersol on June 27, 2011 Posted in Discrimination, Rule 23, Title VII

A recent case from the Eastern District of New York reflects that race discrimination class actions can be brought, and also reflects the type of claim which will likely still survive in the wake of last week’s Supreme Court decision in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. ___ (2011). (See our June 20 post on the … Continue Reading

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

By Greg Mersol on June 20, 2011 Posted in Uncategorized

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

Seventh Circuit Affirms Denial of Certification in Equal Pay Act/Title VII Gender Case

By Greg Mersol on April 14, 2011 Posted in FLSA, Title VII

Decades ago, Rolls-Royce drew some attention for contending that its cars did not “break down,” but, rather, “failed to proceed.” In a recent case from the Seventh Circuit, a putative class action against that company not only “failed to proceed,” but broke down utterly. In Randall v. Rolls-Royce Corporation.pdf., Case No. 10-3446 (7th Cir. Mar. … Continue Reading

Too Big to Succeed – Are Class Actions a Proper Procedural Tool or a Means to Coerce Settlements and Enrich a Few?

By John Lewis on April 7, 2011 Posted in Class Certification, Rule 23

In the wake of the oral argument in the mega class action, Wal-Mart v. Dukes, The New York Times ran an interesting April 3, 2011 article by Adam Liptak entitled “When a Lawsuit Is Too Big.” The subtitle, “Class-action suits can be large and impersonal. Critics say this is why they are often unfair to … Continue Reading

South Carolina Court Certifies Race Discrimination Action

By Greg Mersol on March 7, 2011 Posted in Discrimination, Rule 23, Wage and Hour

As many of the postings in this blog reflect, there has been a veritable flood of class and collective actions asserting wage and hour violations. But even apart from Dukes v. Wal-Mart Stores, Inc., 603 F.3d 571 (9th Cir.), cert. granted, 131 S.Ct. 795 (2010), now pending before the United States Supreme Court, discrimination cases … Continue Reading

Supreme Court Accepts Certiorari In Dukes v. Wal-Mart

By Greg Mersol on December 8, 2010 Posted in Conditional Certification, Rule 23

We’ve already written twice now on the case of Dukes v. Wal-Mart Stores, 605 F.3d 571 (9th Cir. 2010), most recently to argue (August 27, 2010) that the Supreme Court should accept certiorari and reverse. The Supreme Court has now accepted cert., but has done so in a manner that leaves the scope of the … Continue Reading