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
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
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
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
San Francisco employment attorney Charles O. Thompson has moved to global law firm Greenberg Traurig, LLP as a shareholder, further strengthening the firm’s Global Labor and Employment Practice. Thompson,
Continue Reading Greenberg Traurig Adds Veteran Employment Litigator Charles Thompson in San Francisco
On May 21, 2018, in a 5-4 decision, the United States Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis, 584 U.S. ____ (2018), holding that
Continue Reading Supreme Court Holds That Employer Sponsored Arbitration Programs do not Violate National Labor Relations Act
In a 4-3 decision, the California Supreme Court recently determined that the question of “who decides whether [an arbitration] agreement permits or prohibits classwide arbitration” is not subject to a
Continue Reading Split California Supreme Court Holds that without Express Agreement, Classwide Arbitrability is not a ‘Gateway Issue’ that must be Decided by the Court