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Employer Liability Issues › Jurisdiction › Class Action

Ervin Cohen & Jessup LLP

California Court Narrows “Death Knell” Appeal Rule: Key Takeaways for Employers

Ervin Cohen & Jessup LLP on

In Chavez v. Hi-Grade Materials Co., the California Court of Appeal issued a ruling that significantly impacts how and when employees can appeal orders denying class certification, especially in cases involving both class...more

ArentFox Schiff

Reyes v. Hi-Grade Materials Co. – Continuing the Trend to Limit PAGA Gamesmanship

ArentFox Schiff on

The California Fourth District Court of Appeal’s decision in Reyes v. Hi-Grade Materials Co. continues the trend toward limiting plaintiffs’ abuse and improper weaponization of the California Private Attorneys General Act...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Class Opt-Outs and Non-Renewed Contracts

Morrison & Foerster LLP - Left Coast Appeals on

This week, the Ninth Circuit addresses the immediate appealability of orders invalidating class action opt-outs, and considers whether a decision not to renew a contract is an adverse employment action for purposes of a Title...more

ArentFox Schiff

Class Actions Quarterly Update: Labor and Employment - September 2021

ArentFox Schiff on

Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438 (July 15, 2021) - On July 15, 2021, the California Supreme Court issued a long-awaited decision, Ferra v. Loews Hollywood Hotel, LLC, regarding the rate at which premium...more

Seyfarth Shaw LLP

The 2019-2020 Judicial Hellholes Report On The Worst Jurisdictions For Defendants

Seyfarth Shaw LLP on

Seyfarth Synopsis: Every year the American Tort Reform Association (“ATRA”) publishes its “Judicial Hellholes Report.” The Report focuses on litigation issues in state court systems and challenges for corporate defendants in...more

Carlton Fields

Don’t Count Your Chickens – Or State Citizens For CAFA Exceptions – Before They Hatch

Carlton Fields on

The Ninth Circuit vacated a remand order implicating the local and home-state controversy exceptions to CAFA jurisdiction in a putative class action by former California resident employees of Kentucky Fried Chicken (KFC) for...more

Seyfarth Shaw LLP

Fifth Circuit Keeps the Horse Before the Cart: Arbitration to be Decided Before Conditional Certification

Seyfarth Shaw LLP on

Seyfarth Synopsis: In an important decision for employers seeking to enforce arbitration agreements and limit wage and hour exposure and related defense costs, the U.S. Court of Appeals for the Fifth Circuit reaffirmed that...more

Seyfarth Shaw LLP

The 2015 Judicial “Hellholes” Report Is Out!

Seyfarth Shaw LLP on

Each year the American Tort Reform Association (“ATRA”) publishes its “Judicial Hellholes Report” and examines problems in state court systems and challenges for corporate defendants in the fair and unbiased administration of...more

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

Can a Prevailing Plaintiff Recover Expert Fees? The Second Circuit Says “No”

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

The Second Circuit Court of Appeals recently ruled that expert witness fees are not recoverable under the Fair Labor Standards Act (FLSA). In Gortat v. Capala Brothers, Inc., No. 14-3304-cv (July 29, 2015), the Second Circuit...more

Ballard Spahr LLP

Third Circuit Holds that Courts, Not Arbitrators, Should Rule on Classwide Arbitration

Ballard Spahr LLP on

In Opalinski v. Robert Half International, Inc., the United States Court of Appeals for the Third Circuit held that where an arbitration clause is silent as to the availability of classwide arbitration, that issue should...more

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

Federal Court Clarifies CAFA’s Jurisdictional Amount in State PAGA Cases

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

A judge of the U.S. District Court for the Central District of California recently issued a pro-employer ruling with regard to the jurisdictional minimum amount in controversy required by the Class Action Fairness Act (CAFA)...more

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