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
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
In Estrada v. Royalty Carpet Mills, Inc., 76 Cal. App. 5th 685 (2022), the California Court of Appeal, in relevant part, reversed a trial court’s order decertifying a subclass
Continue Reading California Court of Appeals are Split on Whether Employers Can Dismiss a PAGA Claim Based on Manageability
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 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
By now, most California employers have heard of AB 5, which, along with the California Supreme Court decision, Dynamex Operations W. Inc. v. Superior Court, 4 Cal. 5th 903
Continue Reading Move Over AB 5, There’s a New Kid on the Block
On Sept. 8, 2020, a New York federal judge struck down substantial portions of the U.S. Department of Labor (DOL’s) joint employer final rule, which went into effect March 1,
Continue Reading New York Federal Judge Strikes Down DOL ‘Joint Employer’ Rule
Prompted by telework arrangements that arose in response to the Coronavirus Disease 2019 (COVID-19) pandemic, the U.S. Department of Labor’s Wage and Hour Division (DOL) issued a Bulletin addressing important
Continue Reading DOL Issues Guidance on Wage-and-Hour Obligations as Pandemic Increases Telework
In August 2020, the California Court of Appeal issued two wins for California employers facing multiple simultaneous representative actions under the Labor Code Private Attorneys General Act of 2004 (PAGA)
Continue Reading Impersonators Beware: Claim Preclusion of Copycat PAGA Lawsuits
Mark D. Kemple, co-chair of global law firm Greenberg Traurig, LLP’s Labor & Employment Class and Collective Action Practice and leader of the Southern California Labor & Employment
Continue Reading Greenberg Traurig’s Mark Kemple Receives National Law Journal’s Employment Law Trailblazer Award