On Friday, April 23, 2020, Judge Gregory Woods of the Southern District of New York issued a first of its kind decision rejecting the argument that ADA Title III requires business that offer gift cards to also offer them in Braille. Dominguez v. Banana Republic, LLC, 1:19-cv-10171-GHW (S.D.N.Y. April 23, 2020). The decision is
Rebecca M. McCloskey
Arbitrating Class Actions – Does Arbitration Bind Employees Who Do Not Opt-in?
By Rebecca M. McCloskey on
Posted in Arbitration, Case Law Update
The Second Circuit Court of Appeals heard arguments last week to determine whether an arbitrator’s award in a Title VII class action applies only to the 254 employees who are named plaintiffs or otherwise opted in to the class, or whether it extends to all 70,000 similarly situated employees. (Jock et al. v. Sterling …
Certification of Alleged Misclassified Bakery Distributors Denied due to Predominance of Individualized Issues
By Rebecca M. McCloskey on
Posted in Uncategorized
Class certification would have been granted in Soares v. Flowers Foods, Inc., 3:15-cv-04918 (N.D. Cal., June 28, 2017), but for the allegedly misclassified independent contractors’ decision to deliver, or not deliver, the goods themselves.
In Soares, the named plaintiffs sought to represent a class of truck drivers who were paid to distribute baked goods…
Uber-Frustrating: Tips to Facilitate Approval of Settlements of Class Actions
By Rebecca M. McCloskey on
On April 21, 2016, Uber tried to buy its peace from two class actions in a $100 million settlement with 385,000 putative class members. See O’Connor v. Uber Technologies Inc., 3:13-cv-03826 (N.D. Cal.); Yucesoy v. Uber Technologies Inc., 3:15-cv-00262 (N.D. Cal.). However, as of July 14, 2016, the class actions still remain open…