Tag Archives: “Rule 23(b)(3)”

Massachusetts Court Refuses to Certify Case Involving Alleged Independent Contractor Misclassification

By Greg Mersol on March 19, 2014 Posted in Rule 23

The United States District Court for the District of Massachusetts recently issued a case involving the straight-forward application of the Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), to a class-wide independent contractor dispute. In Magalhaes v. Lowe’s Home Centers, Inc., Civil Action No. 13-10666-DJC (Mar. 10, 2014), the … Continue Reading

Stammco, L.L.C. v. United Tel. Co. of Ohio, Addressing Rule 23 Requirements for Class Certification in Ohio

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

After eight years and two visits, the Ohio Supreme Court has issued an opinion that not only addresses key developments in federal class action jurisprudence, but also decided the underlying class certification question. The resulting opinion will have a major impact on Ohio class action law in all substantive areas, but will certainly impact employment … Continue Reading

Sixth Circuit Affirms Refusal to Certify Disparate Impact Sex Discrimination Case

By Greg Mersol on May 31, 2013 Posted in Discrimination, EEOC, Rule 23

On May 30, 2013, the Sixth Circuit issued its decision in Davis v. Cintas Corporation, Case No. 10-1662 (6th Cir. May 30, 2013), in which it upheld a district court’s refusal to certify a disparate impact Title VII case, but interestingly found that questions of fact precluding summary judgment on the lead (and now only) … Continue Reading

Court Refuses To Certify Class of Unpaid Student Interns

By Greg Mersol on May 13, 2013 Posted in Rule 23

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

In Through the Out Door: Third Circuit Says FLSA Collective Actions Not Incompatible With Rule 23 State Law Class Actions

By Todd Dawson on April 2, 2012 Posted in FLSA

In a decision that will thrill readers of all ages with its scintillating recitation of the Portal-to-Portal Act’s legislative history, the Third Circuit has held that there is no inherent incompatibility between the opt-in mechanism of Section 16(b) of the Fair Labor Standards Act (that’s 29 U.S.C. 216(b) for those of you keeping score at … Continue Reading

Ninth Circuit Denies Rule 23 Class Certification Based On Actual Duties

By Todd Dawson on March 26, 2012 Posted in Overtime Claims

Is the GOP slipping something into the water supply in San Francisco? Do they know some dirty secrets about some Ninth Circuit judges? Has the whole world gone crazy? The Ninth Circuit’s decision a few days ago in Delodder v. Aerotek, Inc. continues an encouraging—and surprising—trend in Ninth Circuit wage and hour law toward emphasizing … Continue Reading

Dukes Claims California Meal and Rest Period Cases

By Greg Mersol on January 31, 2012 Posted in Meal and Rest Periods, Retail, Wage and Hour

The Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), seems to be taking hold in meal and rest period cases in California, as shown by two decisions handed down this month. The most recent casualty of the holding in Dukes is Cortez v. Best Buy Stores, LP, Case No. … Continue Reading

Ninth Circuit Remands Sex Discrimination Case in Light of Dukes

By Greg Mersol on September 20, 2011 Posted in Class Certification, Discrimination

If there was a case that might indicate what the Ninth Circuit would do in the wake of the Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes.pdf, 131 S. Ct. 2541 (2011), it was that of Ellis v. Costco Wholesale Corp., Case No. CV-04-3341-MHP (N.D. Cal.). The Ellis case was, like Dukes, a putative … Continue Reading

California District Court Denies Certification of Proposed Class Over Employee Expenses

By Greg Mersol on August 30, 2011 Posted in Class Certification, Retail, Rule 23

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

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

Ninth Circuit Affirms Decertification Of California Wage And Hour Case Involving Dock Supervisors

By Greg Mersol on May 6, 2011 Posted in Overtime Claims, Wage and Hour

Thomas Hobbes famously observed that life is short, nasty, and brutish. A recent case from the Ninth Circuit demonstrates that litigation is similar, except that it is not short. In Marlo v UPS.pdf (9th Cir., April 28, 2011), the plaintiff was a UPS employee who held various supervisory positions in connection with the movement of freight. … Continue Reading

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

By Greg Mersol on January 31, 2011 Posted in Rule 23

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

Seventh Circuit Finds That Overtime State Class Actions And FLSA Collective Actions Are Not Incompatible

By Joyce Ackerbaum Cox on January 26, 2011 Posted in FLSA, Rule 23, Tip-Pooling

Restaurants, hotels, and others in the hospitality industry recently have been faced with a rash of collective action cases brought under the Fair Labor Standards Act (FLSA) challenging their tip pooling practices. From high-end, trendy restaurants in Manhattan to large, popular chains with multiple locations throughout the country, there has been a significant increase in … Continue Reading

A Late Addition to the Roster: Paycheck Fairness Act Finally Appears in the Senate

By Jeffrey Vlasek on September 15, 2010 Posted in Title VII

With the Senate a mere four weeks away from adjournment for campaign season, Senate Majority Leader Harry Reid turned a few heads when he reintroduced the Paycheck Fairness Act (S. 3772) to the legislative calendar on September 14th. The Act, which earlier this summer President Obama called a “common sense bill,” is intended to update … Continue Reading