News & Analysis as of

Decertification Corporate Counsel

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Appellate Court Affirms Employer’s Decertification of Meal and Rest Period Class Action

The California Court of Appeal, First Appellate District, recently affirmed a trial court ruling decertifying a wage-and-hour class action alleging a hospital failed to comply with protections for meal and rest periods for...more

Fisher Phillips

NLRB Makes It Harder to Decertify Unions in Latest Pro-Labor Move: 3 Key Takeaways for Employers

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The National Labor Relations Board just ditched three Trump-era rules that had made it easier for workers to undo union representation. In a long-anticipated move, the NLRB issued a new regulation Friday scrapping agency...more

Jackson Lewis P.C.

Top Five Labor Law Developments for May 2022

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1. The National Labor Relations Board (NLRB) General Counsel’s office issued a memorandum reiterating the rights of immigrant workers under the National Labor Relations Act (NLRA). Continuing its aggressive approach to...more

Morrison & Foerster LLP - Class Dismissed

Second Circuit Affirms Class Decertification Based On Inadequate Representation

Class certification is often discussed as a “stage” of litigation, but the Second Circuit’s recent decision in Jin v. Shanghai Original, Inc. et al is a good reminder that, even after a class is certified, class treatment...more

Alston & Bird

Class Action & MDL Roundup – Fall 2019

Alston & Bird on

Welcome back to the Class Action & MDL Roundup! Our fall edition covers notable class actions from the third quarter of 2019. The circuit courts were busy with class actions in the third quarter. Appellate judges were able...more

Goodwin

Eleventh Circuit Decertifies TCPA Class on Traceability and Predominance Grounds

Goodwin on

On November 15, 2019, the Eleventh Circuit decertified a Telephone Consumer Protection Act (TCPA) class in Cordoba v. DIRECTV, LLC (No. 18-12077, 2019 WL 6044305), finding that the plaintiff could not adequately identify...more

Bond Schoeneck & King PLLC

The NLRB Publishes Proposed Rules Amending Procedures in Representation Cases

On August 12, 2019, the National Labor Relations Board (“NLRB” or the “Board”) published proposed rules with the goal of protecting “employees’ statutory right of free choice on questions concerning representation.” ...more

Benesch

Proposed NLRB Rule-Making Aimed at Unions and Decertification Elections

Benesch on

The National Labor Relations Board (“NLRB”) announced last week that it was proposing a series of rule changes. The first and most important focuses on updating its “blocking charge” policy, as well as revising the rules...more

Brownstein Hyatt Farber Schreck

NLRB’s Busy Summer Results in Key Labor Changes

The National Labor Relations Board (“NLRB”) has been busy this summer—issuing two significant decisions, and one advice memorandum—that tilts the scales in favor of employers. The rulings of the NLRB will have serious...more

Littler

NLRB Holds that Employer Does Not Taint Decertification Effort by Promoting the Employee Responsible for the Petition

Littler on

In a recent decision, AIM Aerospace Sumner, Inc., the National Labor Relations Board (Board) held that an employer could rely on a decertification petition to withdraw recognition from a union, even though the employer...more

Seyfarth Shaw LLP

Significant TCPA Verdict Returned in Wakefield v. ViSalus, Inc.

Seyfarth Shaw LLP on

An Oregon federal jury reached a verdict in a Telephone Consumer Protection Act (“TCPA”) class action in April that exposes the defendant to a potential judgment in excess of $2.7 billion....more

Proskauer - Advertising Law

If Class Action Litigants Could Turn Back Time (The Text Would Have Said So)

Last week, the Supreme Court unanimously reversed a Ninth Circuit decision, resolving a circuit split in ruling that Federal Rule of Civil Procedure 23(f)’s 14-day deadline for a losing party to file a petition for permission...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Midyear Update 2018

This edition focuses on rulings issued between February 16, 2018, and June 15, 2018. In this issue, we cover three decisions granting motions to strike/dismiss class claims, five decisions denying such motions, 27 decisions...more

Goodwin

Northern District of Illinois Decertifies TCPA Class Action

Goodwin on

On February 13, 2018, the U.S. District Court for the Northern District of Illinois decertified a Telephone Consumer Protection Act (TCPA) text-message class in light of new evidence of consent obtained during the...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Winter 2017

In this issue, we cover two decisions granting motions to strike/dismiss class claims, three decisions denying such motions, 26 decisions denying class certification or reversing grants of class certification, 22 decisions...more

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