Jurisdiction, Class Action, Collective Actions

Ninth Circuit Confirms Bristol-Myers’ Rule Applies to Notice in FLSA Collective Actions

Polsinelli on 7/8/2025

The Ninth Circuit has now joined a growing number of appellate courts holding that, in Fair Labor Standards Act (FLSA) collective actions, personal jurisdiction must be determined on a claim-by-claim basis when general...more

Ninth Circuit Clarifies FLSA Collective Action Certification and Jurisdiction

Perkins Coie on 7/8/2025

Key Takeaways - - The Ninth Circuit reaffirmed the “near-universal” two-step process for managing FLSA collective actions. - The Ninth Circuit held that district courts are not required to conclusively determine...more

Private damages activity escalates across key jurisdictions

A&O Shearman on 3/20/2025

In the EU, the surge in private damages actions following the transposition of the Private Damages Directive (PDD) at member state level has brought to the fore several novel legal questions, prompting national courts to...more

Seventh Circuit Stands Firm on Bristol-Myers Application: Employee Forum Shopping on Collective Actions Gets Harder

Jackson Lewis P.C. on 1/24/2025

In its 2024 opinion in Vanegas v. Signet Builders, Inc., the U.S. Court of Appeals for the Seventh Circuit joined a growing number of federal circuits to hold that would-be plaintiffs from out of state cannot join a...more

Class Actions Worldview: A Study of Trends Around the Globe, Part V – Argentina, Brazil, And Taiwan - October 2024

Jones Day on 10/8/2024

Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more

Seventh Circuit Decision Marks Win for Employers in FLSA Nationwide Collective Actions

BakerHostetler on 9/9/2024

The U.S. Court of Appeals for the Seventh Circuit has delivered a significant win for employers by ruling that the Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of California applies to Fair...more

Seventh Circuit Joins Third, Sixth, and Eighth Circuits in Limiting Exercise of Personal Jurisdiction in FLSA Collective Actions

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/3/2024

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

North Carolina Federal Court Holds It Lacks Jurisdiction Over Claims Of Out-Of-State Opt-Ins

Jackson Lewis P.C. on 4/27/2022

In the latest court ruling to address personal jurisdiction over out-of-state opt-in plaintiffs in Fair Labor Standards Act collective actions, a federal district court in North Carolina held that it lacked jurisdiction over...more

Can Out-Of-State Opt-Ins Join A FLSA Class Action: First Circuit Decision Creates Split In Circuits, Signaling Possible Supreme...

Fox Rothschild LLP on 1/26/2022

There has, of late, been a lot of controversy over whether workers who live outside a State where a FLSA class action is being litigated can opt-in to that action. Different Circuits have ruled differently on this crucial...more

Italy - class action “revolution” enters into force: key changes and impacts on insurance industry

Hogan Lovells on 10/11/2021

On 19 May 2021, the new Italian class action bill has finally entered into force. The new legislation has been designed to facilitate and incentivize the use of class actions, so that a significant increase in collective...more

Two Federal Circuit Courts Throw Obstacles Up Against FLSA Class Action Certification: A Roadmap For Employers!

Fox Rothschild LLP on 8/31/2021

I read an interesting post in the Seyfarth Shaw blog about out-of-state employees and their ability to become part of a FLSA collective/class action. The FLSA allows individuals to bring suits claims for overtime violations...more

Across the Horizon: Growing Class Action Risks in the UK and EU

Alston & Bird on 7/1/2021

Class actions aren’t just for U.S. courts anymore. Our Litigation Group explores the potential for transatlantic class action liability and the growth of collective redress throughout the UK and EU....more

Party of One: Collective Action Against Outback Steakhouse Denied due to Lack of Personal Jurisdiction

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/5/2019

The U.S. District Court for the District of Massachusetts denied conditional class action certification in a case involving a front of house (FOH) manager suing Outback Steakhouse for unpaid overtime under the Fair Labor...more

Australian Law Reform Commission Releases Class Action and Litigation Funding Report

Jones Day on 3/11/2019

Courts Empowered, More Action Needed on Shareholder Claims and Contingency Fee for Class Action Lawyers to Increase Class Action Activity - The Australian Law Reform Commission Class Action and Litigation Funding Report...more