The United States Supreme Court is taking another bite at the arbitration waiver apple. In addition to its landmark decision in Epic Systems Corp. v. Lewis, where the Supreme Court held that class and collective action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act, the Supreme Court has granted cert
Michael J. Kozimor
Spokeo Strikes Again – Biometric Data Privacy Class Action Fails On Its Face (Scan)
By Michael J. Kozimor on
Posted in Case Law Update
On November 21, 2017, the U.S. Court of Appeals for the Second Circuit held that a plaintiff bringing a putative class action under the Illinois Biometric Information Privacy Act (“BIPA”) could not establish an injury-in-fact and therefore lacked Article III standing, further adding to the legacy of the U.S. Supreme Court’s holding in Spokeo v.
Think A Class Is Certified? Not So Fast…. Second Circuit Affirms Decertification of Class Even After Jury Verdict, Overturning Jury Award
By Michael J. Kozimor & Jackson Lewis P.C. on
Posted in Uncategorized
The U.S. Court of Appeals for the Second Circuit recently held that district courts can decertify a class after a jury verdict but before entry of final judgment. In Mazzei v. Money Store, 2016 U.S. App. LEXIS 12994 (2d Cir. July 15, 2016), the appellate court affirmed the United States District Court for the…
Sixth Circuit Makes It Harder for Employers to Defeat “Bald Assertions” of Wage Violations in Collective Actions
By Michael J. Kozimor & Jackson Lewis P.C. on
Posted in Fair Labor Standards Act
The Sixth Circuit recently issued a decision in Moran v. Al Basit LLC., No. 14-2335 (6th Cir. June 1, 2015), which will make it more difficult for employers to defeat even vague allegations of wage and hour violations in collective actions brought under the Fair Labor Standards Act (“FLSA”).
For years, like many other…