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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new...more
On August 16, 2024, the Seventh Circuit Court of Appeals weighed in on whether out-of-state plaintiffs must satisfy personal jurisdiction requirements to participate in a collective action under the Fair Labor Standards Act...more
For businesses using independent contractor vendors, misclassification claims are usually well-suited for class certification. A plaintiff’s path toward certifying a class can be relatively smooth when all vendors of a...more
The Ninth Circuit recently addressed an issue that tends to arise frequently in class certification motion practice: how trial courts should apply the predominance requirement where appellate decisions have said that the need...more
On January 24, the U.S. District Court for the Eastern District of California took the unusual step of declining to sign off — for the fourth time — on a proposed settlement, resulting from a putative class-action lawsuit...more
The California Court of Appeal has definitively resolved an issue that was until now somewhat ambiguous: Can volunteers in fact volunteer their time for nonprofit organizations without receiving pay or other forms of...more
The Seventh Circuit and District of Columbia Circuit Courts of Appeals recently considered an issue that has been debated by class action lawyers on both sides of the “v” for several years: whether the Supreme Court’s...more
Seyfarth Synopsis: Complex class actions often present a scenario in which some or most of the putative class members are subject to arbitration agreements, but the named plaintiff is not. In Gembarski v. PartsSource, Inc.,...more
Seyfarth Synopsis: On June 11, 2019, in an age discrimination lawsuit, the U.S. District Court for the Eastern District of Tennessee once again demonstrated how the lenient standard that is so often applied at the conditional...more
Seyfarth Synopsis: On January 18, 2019, in Porath v. Logitech, Case No. 18-CV-3091 (N.D. Cal. Jan. 18, 2019), Judge William Alsup of the U.S. District Court for the Northern District of California rejected, for the second...more
LEGISLATION, REGULATIONS & STANDARDS - FDA Seeks Input on Plant-Based Milks - The U.S. Food and Drug Administration (FDA) has solicited public input on questions related to plant-based substitutes for dairy products...more
In many suits filed as collective actions under the Fair Labor Standards Act (FLSA), individuals hoping to join the action as opt-in plaintiffs submit consents to join the lawsuit even before the named plaintiff moves for...more
The District of Columbia district court added to the growing collection of orders opining on whether and to what extent the Supreme Court’s decision in Bristol-Myers Squibb applies to class actions....more
In the latest instalment in a growing wave of employment class actions, the Ontario Superior Court of Justice denied certification of a claim for unpaid overtime wages due to fatal flaws in the plaintiff’s certification...more
The decision of the New York Court of Appeals, in Desrosiers v. Perry Ellis Menswear, LLC., and in Vasquez v. Nat'l Sec. Corp., has created a potential obstacle to early class action settlements in cases filed in New York...more
Seyfarth Synopsis: The New York Court of Appeals holds that the state’s class action rules require notice of settlements to be sent to putative class members – even though no class has been certified....more
Seyfarth Synopsis: In Love v. Wal-Mart Stores, Inc., No. 15-15260 (11th Cir. Aug. 3, 2017), the U.S. Court of Appeals for the Eleventh Circuit ruled that the deadline for putative class members to appeal the dismissal of...more
In Romulus v. CVS Pharmacy, Inc., five former Shift Supervisors brought a putative class action against CVS under the Massachusetts Wage Act, contending they were required to work through their unpaid breaks. Specifically,...more
The Northern District of California recently renewed hope in a minor league baseball player class action wage dispute by granting the plaintiffs class certification after they narrowed the class. The court had previously...more