“The Pen Is Mightier Than The Sword…And Verbal Communications During Company-Wide Employee Meetings.” Things seem to be going from bad to worse for defunct law firm Dewey & LeBoeuf. As criminal charges continue to loom for some former Dewey partners, the judge overseeing Dewey’s bankruptcy has now ruled that the firm cannot assert the “faltering … Continue Reading
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
Anyone who practices in the class action arena is aware of the requirements of Rule 23(a) of the Federal Rules of Civil Procedure, which, as a threshold matter, obligate a plaintiff to demonstrate (1) numerosity, (2) commonality, (3) typicality, and (4) adequacy of representation. As a practical matter, most challenges to certification focus on commonality … Continue Reading
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