By design, the Class Action Fairness Act (CAFA) allows defendants to remove complex class actions to federal court. It avoids the onerous diversity requirements that defendants previously struggled to satisfy
Continue Reading Ninth Circuit Opens New Path Back to State Court for Class Actions Removed to Federal Court
2024 has seen increased class and collective actions brought by New York golf club caddies under the federal Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL).
Continue Reading Fore! Claiming Employee Status, New York Golf Club Caddies File Class/Collective Actions
The contours of plaintiff pleading requirements for ERISA fiduciary breach claims sketched by the Supreme Court in Hughes v. Northwestern University continue to evolve. Recent cases suggest that plaintiffs may
Continue Reading The Tide May Be Turning on Flood of ERISA Excessive Fee Class Actions
On July 26, 2022, in a win for employers, the Third Circuit Court of Appeals issued a precedential opinion in Christa Fischer, et al. v. Federal Express Corp., et al,
Continue Reading 3rd Circuit Issues Practical Death Knell to Nationwide FLSA Collective Actions Involving Employers Not Subject to General Jurisdiction in Circuit
The Class Action Fairness Act (CAFA) offers a broader avenue for removal of a case to federal court than traditional diversity jurisdiction. Counsel for plaintiffs and defendants alike have developed
Continue Reading Class Action Fairness Act Advanced Removal Strategies
In a case of first impression, on October 4, 2021, in Adams v. Palm Beach County, U.S. Magistrate Judge Bruce E. Reinhart of the Southern District of Florida dismissed
Continue Reading GT Helps Palm Beach County Secure Dismissal of Wage-and-Hour Class Action Brought by Volunteers
In a much-anticipated decision, the Illinois Appellate Court for the First District has ruled that two separate statutes of limitations apply to violations of the Illinois Biometric Information Privacy Act
Continue Reading Illinois Appellate Court (First District) Concludes Separate Limitations Periods Apply to Different Violations of the Illinois Biometric Information Privacy Act
In 2017, the Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California, addressing due process concerns related to personal jurisdiction in the context of an action where
Continue Reading 2 US Circuit Courts Side with Employers, Limit Scope of FLSA Collective Actions Based on Failure to Establish Specific Personal Jurisdiction
On Feb. 25, 2021, the California Supreme Court issued its much-anticipated decision in Donohue v. AMN Services, LLC. The opinion answers two important questions: (1) whether “employers can[] engage
Continue Reading Donohue – Rethinking California Meal Period Claims
Employers have faced a tidal wave of Fair Labor Standards Act (FLSA) collective action litigation in the last 15 years, fueled in large part by courts that have made it
Continue Reading Fifth Circuit Rejects Longstanding ‘Lenient’ Standard for Deciding Whether to Authorize Notice of a FLSA Collective Action