David Golder on SCOTUS

Class Action Trends Report Winter 2023

In this issue of the Jackson Lewis Class Action Trends Report, we welcome the New Year and look back at the most significant developments affecting employment class and collective action litigation in 2022. We also look ahead...more

Class Action Trends Report June 2022

In this issue of the Class Action Trends Report, Jackson Lewis attorneys discuss recent developments in arbitration and their impact on employment class actions. These include the Ending Forced Arbitration of Sexual Assault...more

FAA’s Transportation Worker Exception Covers Airline Ramp Agents, U.S. Supreme Court Holds

Individuals employed as ramp workers who frequently handle cargo for an airline are “transportation workers” exempt from the Federal Arbitration Act (FAA), the U.S. Supreme Court has held. Southwest Airlines Co. v. Saxon, No....more

6/8/2022 / Arbitration Agreements , Class Action , Fair Labor Standards Act (FLSA) , Federal Arbitration Act , Interstate Commerce , Over-Time , SCOTUS , Southwest Airlines , Supervisors , Transportation Industry , Wage and Hour

Supreme Court Considers Scope of FAA’s Transportation Worker Exemption

Do an airline’s ramp workers qualify as “transportation workers” exempt from the Federal Arbitration Act (FAA)? This question is pending before the U.S. Supreme Court in Southwest Airlines Co. v. Saxon (No. 21-309), a...more

4/6/2022 / Arbitration Agreements , Exemptions , Federal Arbitration Act , Federal Aviation Administration (FAA) , Oral Argument , SCOTUS , Southwest Airlines , Transportation Industry

Class Action Trends Report Winter 2022

In this issue of the Class Action Trends Report, Jackson Lewis attorneys look back at class action developments in 2021, including COVID-19 vaccine mandate litigation, significant procedural decisions, wage and hour suits,...more

Appeals Court Creates Circuit Split on Whether Bristol-Myers Applies to Collective Actions

In its 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of Cal., the U.S. Supreme Court held that a state court could not exercise specific personal jurisdiction over nonresident plaintiffs’ claims against a...more

2/2/2022 / Age Discrimination , Appellate Courts , Bristol-Myers Squibb , Collective Actions , Fair Labor Standards Act (FLSA) , Federal Rules of Civil Procedure , Non-Residents , Opt-In , Personal Jurisdiction , SCOTUS

U.S. Supreme Court to Consider Whether Airline Ramp Worker Meets FAA Transportation Worker Exemption

Do an airline’s ramp workers qualify as “transportation workers” exempt from the Federal Arbitration Act (FAA)? The U.S. Supreme Court has granted an airline’s petition for review to resolve this question. Southwest...more

12/14/2021 / Arbitration Agreements , Collective Actions , Federal Arbitration Act , Interstate Commerce , SCOTUS , Southwest Airlines , Transportation Industry , Unpaid Overtime

Class Action Trends Report Winter 2021

Last year presented many challenges, and 2021 offers a fresh start. In this issue of the Class Actions Trends Report we review the most significant developments of 2020 and take a look forward to what a new year and a new...more

Incentive Or Service Awards For Class Action Plaintiffs Unlawful, Eleventh Circuit Rules

“Incentive” or “service” awards to lead plaintiffs in Federal Rule of Civil Procedure 23 (Rule 23) class actions are unlawful, the U.S. Court of Appeals for the Eleventh Circuit has ruled in a suit brought under the Telephone...more

9/22/2020 / Appellate Courts , Class Action , Federal Rules of Civil Procedure , SCOTUS , TCPA

Eleventh Circuit Rejects Incentive Awards For Class Plaintiffs

The Eleventh Circuit Court of Appeals ruled today that “incentive” or “service” awards to lead plaintiffs in Rule 23 class actions are unlawful. It is the first circuit court of appeals to expressly invalidate such awards as...more

9/18/2020 / Class Action , Corporate Counsel , Federal Rules of Civil Procedure , Incentive Awards , SCOTUS , TCPA

The Meaning Of “Similarly Situated” Is Teed Up For SCOTUS

The U.S. Supreme Court has been asked to fill a gaping hole in our Fair Labor Standards Act (FLSA) jurisprudence: What, precisely, is meant by “similarly situated,” as set forth in 29 U.S.C. 216(b)? The request comes in a...more

9/15/2020 / Certiorari , Chipotle Grill , Collective Actions , Fair Labor Standards Act (FLSA) , SCOTUS , Similarly Situated , Wage and Hour

U.S. Supreme Court Roundup – 2018-2019

The U.S. Supreme Court term that ended in June 2019 included decisions on many topics important to workplace law, including class actions, arbitration, and administrative exhaustion and Title VII claims. ...more

7/10/2019 / Age Discrimination , Arbitration , Auer Deference , Civil Rights Act , Class Arbitration , Corporate Counsel , Equal Employment Opportunity Commission (EEOC) , Federal Arbitration Act , Fort Bend County Texas v Davis , Kisor v Wilkie , Lamps Plus Inc v Varela , Mount Lemmon Fire District v Guido , Parker Drilling Management Services Ltd v Newton , SCOTUS , Title VII , Wage and Hour

U.S. Supreme Court Holds Federal Rule Of Civil Procedure 23(f) Is Not Subject To Equitable Tolling

In a decision important to class action practice, the U.S. Supreme Court has held that Federal Rule of Civil Procedure 23(f), which establishes a 14-day deadline to seek permission to appeal an order granting or denying class...more

2/28/2019 / Class Action , Class Certification , Collective Actions , Corporate Counsel , Decertification , Equitable Tolling , Federal Rules of Civil Procedure , Filing Deadlines , FRCP 23(f) , Interlocutory Appeals , Leave to Appeal , Motion for Reconsideration , Nutraceutical Corp v Lambert , SCOTUS

U.S. Supreme Court Roundup – 2017-2018

The U.S. Supreme Court term that ended June 2018 included decisions on many topics important to workplace law, including class action waivers in employment arbitration agreements, public-sector “agency shop” arrangements, and...more

Class Action Stacking Is Not Permitted, U.S. Supreme Court Rules

Once class action certification has been denied, a putative class member may not start a new class action beyond the applicable statute of limitations, the U.S. Supreme Court has ruled, 9-0, in an opinion by Justice Ruth...more

6/12/2018 / American Pipe & Construction Co. v. Utah , China Agritech Inc v Resh , Class Certification , Class Members , Equitable Tolling , Federal Rules of Civil Procedure , FRCP 23 , SCOTUS , Statute of Limitations , Tolling

David Golder

Jackson Lewis P.C.

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