Notice Requirements, Appeals, Class Certification

For Richards And Not For Poorer: Employers in the Seventh Circuit Get Reprieve From Unfair FLSA Collective Certification Standard

Seyfarth Shaw LLP on 8/8/2025

The Seventh Circuit has joined the Fifth and Sixth Circuits in establishing a higher bar for employees to clear before courts may authorize “notice” to potential members of an FLSA collective action. Although the Seventh...more

Eleventh Circuit Holds Administrative Feasibility is Not a Requirement for Class Certification

Goodwin on 2/26/2021

On February 2, 2021, the United States Court of Appeals for the Eleventh Circuit issued a significant decision holding that a putative class representative does not need to establish an administratively feasible method to...more

Fifth Circuit Shakes Up Standard for Certifying FLSA Collective Actions

Holland & Knight LLP on 1/18/2021

The U.S. Court of Appeals for the Fifth Circuit issued a potentially landmark decision in Swales v. KLLM Transport Services, L.L.C. on Jan. 12, 2021, rejecting more than 30 years of case law related to conditional...more

Industry Insights: Key Takeaways from Northern District of California’s Class Action Symposium

Perkins Coie on 12/18/2020

On December 10, 2020, the U.S. District Court for the Northern District of California held its Class Action Symposium. The symposium is as timely as ever. Food, beverage, and consumer product class actions are rocketing, with...more

No "End Run" Around Brinker Under Section 17200

Payne & Fears on 6/25/2019

The California Court of Appeal has affirmed a complete victory by Safeway Inc. over a certified class of wage-and-hour plaintiffs. Esparza v. Safeway Inc., et al., B287927 (Los Angeles County Super. Ct. No. BC369766, June 10,...more

Five Points to Know about the December 2018 Amendments to Rule 23

Polsinelli on 3/13/2019

On December 1, 2018, the amendments to Rule 23 of the Federal Rules of Civil Procedure (“Rule 23”), which governs class actions, went into effect. The amendments codify certain procedures the courts have been requiring or...more

Fifth Circuit Says Plaintiffs May Not Send Notice of FLSA Suit to Employees with Arbitration Agreements

Seyfarth Shaw LLP on 2/25/2019

Seyfarth Synopsis: In a must-read decision and case of first impression at the federal appellate level, the Fifth Circuit Court of Appeals held late last week that a district court may not approve sending notice of an FLSA...more

New York Court of Appeals Decision Requires Needless Notice of Individual Settlements in Putative Class Actions

Bradley Arant Boult Cummings LLP on 3/13/2018

Class actions have dual natures. They start out as only individual cases, but they can become massive, collective cases where the rights of absent parties are adjudicated all at once. In most respects, class certification...more

Chris Lazarini Examines New York Court's Definition of "Class Action" and "Members of the Class"

Bass, Berry & Sims PLC on 2/13/2018

Bass, Berry & Sims attorney Chris Lazarini examined a case in which the New York Court of Appeals provided guidance on Rule 908 of the New York Civil Practice Law and Rules, deciding that Rule 908 requires sending notice of a...more

New York’s Highest Court: Pre-Certification Settlements Require Classwide Notice

Seyfarth Shaw LLP on 12/14/2017

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

Ninth Circuit Lowers Hurdle for Class Certification

Pillsbury Winthrop Shaw Pittman LLP on 1/6/2017

On January 3, 2017, the Ninth Circuit Court of Appeals declined to adopt “administrative feasibility” as an independent requirement for class certification. It held that Rule 23 does not require class counsel to show at the...more

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