Bilateral arbitration agreements governed by the Federal Arbitration Act (FAA) may require arbitration of California Private Attorneys General Act (PAGA) claims on an individual basis only, the U.S. Supreme Court has held. Viking River Cruises, Inc. v. Moriana, No. 20-1573 (June 15, 2022).
The Court’s decision overrules the California’s Supreme Court decision in Iskanian …
In a significant victory for California employers, the U.S. Court of Appeals for the Ninth Circuit reversed a $102 million award against Walmart in a suit alleging that the retailer violated the California Labor Code’s wage statement and meal-break provisions. The decision is Magadia v. Wal-Mart Associates, Inc., May 28, 2021, No. 19-16184.
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First, Deflategate. Now, “Ticket-gate?” Stirring in the United States District Court, Northern District of Ohio, a putative class action takes aim at an unsafe football field, a cancelled preseason game, and over a million dollars in alleged consumer class damages. The case is Herrick v. National Football League, et al. (N.D. Ohio, Case No. 5:17-cv-00472-CAB).…
“A class action that ‘seeks only worthless benefits for the class’ and ‘yields [only] fees for class counsel’ is ‘no better than a racket’ and ‘should be dismissed out of hand.’” In re Subway Footlong Sandwich Mktg. & Sales Practices Litig., 2017 U.S. App. LEXIS 16260, at *3 (7th Cir. Aug. 25, 2017) (quoting…
The Patriots, Falcons, and . . . class actions?
Just five days before Super Bowl LI, the intersecting crosshairs of antitrust and employment law class actions zeroed in on its latest target: the National Football League. On January 31, 2017, a former cheerleader for the San Francisco 49ers filed a putative class action in the…
There’s been a lot of buzz in the past few weeks surrounding Lyft’s proposed class action settlement in Lyft v. Cotter, NDCA Case No. 13-cv-04064-VC. Under the terms of the proposed settlement, Lyft will, among other things, (1) pay putative class members $12.25 million; (2) replace its current at-will termination provision with one that…
As employers prepare to turn the page on 2015, the question lurks: Will the tide of collective actions and other cases filed under the Fair Labor Standards Act show any signs of ebbing in 2016?
Past statistics paint a stark picture. According to records for United States courts, new case filings under the FLSA reached…
Takeaways from the On-Demand Economy’s First Collision with Employment Class Action Law
“Let’s just grab an Uber or a Lyft.” For many, this statement is fast becoming as unremarkable and ubiquitous as “Let’s grab a cup of coffee.” Such has been the meteoric rise of the so-called “on-demand economy,” where summoning anything from a car…
