Appeals, Article III, Employment Litigation

False Start: U.S. Supreme Court Declines to Decide Whether Courts May Certify Damages Classes That Include Uninjured Class Members

Seyfarth Shaw LLP on 6/13/2025

On June 5, 2025, the U.S. Supreme Court changed course and dismissed the writ of certiorari that it previously had granted in Laboratory Corporation of America Holdings v. Davis, No. 24-304 (U.S. June 5, 2025). In doing so,...more

PAGA Paraphrased – Osuna v. Spectrum Security Services, Inc.

Seyfarth Shaw LLP on 5/30/2025

The Second District Court of Appeal held that, under the pre-reform PAGA statute, an individual employee need not have been employed or experienced a Labor Code violation during the one-year PAGA limitations period to have...more

Ninth Circuit Reverses $100+ Million Wage Statement Ruling Against Walmart

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/15/2021

On May 28, 2021, the Ninth Circuit Court of Appeals issued a significant ruling in Magadia v. Wal-Mart Associates, Inc., on both California’s wage statement laws and standing to pursue claims under the Private Attorneys...more

Third Circuit Holds Individual Plaintiffs Lack Standing for Some Alleged Violations of the FCRA's Pre-Adverse Action Notice...

Littler on 9/11/2018

On September 10, 2018, in Long v. Southeastern Pennsylvania Transportation Authority (SEPTA), the U.S. Court of Appeals for the Third Circuit joined the chorus of recent circuit court opinions tackling the question of...more

Eighth Circuit Holds Individual Plaintiff Lacks Standing for Alleged Violations of the FCRA’s Authorization and Disclosure...

Littler on 9/10/2018

On September 6, 2018, in Auer v. Trans Union, LLC, the U.S. Court of Appeals for the Eighth Circuit joined the Seventh Circuit in holding that an individual plaintiff did not have constitutional standing to sue in federal...more

Procedural FCRA Violation Without Harm is Insufficient for Standing, 9th Circuit Rules

Fenwick & West LLP on 7/26/2018

The U.S. Court of Appeals for the Ninth Circuit held on July 13 that procedural violations of the Fair Credit Reporting Act without actual harm were insufficient to confer Article III standing. The court found in Dutta v....more

The Ninth Circuit Holds Plaintiff Lacked Standing for an Alleged Violation of the FCRA's "Pre-Adverse Action" Notice Provision

Littler on 7/19/2018

Nationwide class action claims against employers under the federal Fair Credit Reporting Act (FCRA) are more common now than ever before. On July 13, 2018, the U.S. Court of Appeals for the Ninth Circuit issued an opinion,...more

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