Tag Archives: wage and hour violations

Ninth Circuit Grants 23(f) Review of Denial of Class Certification for Inadequate Representation

By Greg Mersol on August 12, 2016 Posted in Rule 23

We’re all familiar with the basic requirements of Rule 23(a), with the focus most frequently on the issues of commonality and typicality under Rules 23(a)(2) and (3). Numerosity under Rule 23(a)(1) can on occasion be an issue with smaller groups of claimants, but adequacy of representation under Rule 23(a)(4) is not often litigated. In Kaur v. … Continue Reading

California District Court Disqualifies Class Counsel for Conflict of Interest

By Greg Mersol on January 15, 2014 Posted in Collective Action, FLSA, Rule 23, Wage and Hour

Is more of a good thing a better thing? In some contexts, not, as reflected by a recent case from the Northern District of California. In Lou v. Ma Laboratories, Inc., Case No. C 12-05409 WHA (N.D. Cal. Jan. 8, 2014), the plaintiffs brought two class or collective actions against the same employer for claimed … Continue Reading