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No Harm, No Foul (And No Class Action Lawsuit): TCPA Class Action Dismissed For Failure to Allege Harm

Earlier this month, United States District Court Judge Peter Sheridan dismissed a class action brought against Work Out World (“WOW”) under the Telephone Consumer Protection Act (TCPA).  In doing so, Judge Sheridan relied on the recent decision by the United States Supreme Court in Spokeo, Inc. v. Robins. The named plaintiff, Norreen Susinno, filed a … Continue Reading

And The Wait Continues: Website Accessibility Regulations Delayed.

Title III of the Americans with Disabilities Act (ADA) requires a “place of public accommodation” to ensure its goods and services are equally accessible to individuals with disabilities; Title II imposes similar requirements on public entities.  DOJ has taken the position that a website is within the scope of Title III so long as it … Continue Reading

Employers Gain Support For Additional Defense to Class Actions After Court Denies Class Certification for Union Members in Light of “Individualized Questions” Necessary To Resolve Claims

Employers recently gained support for one of their defenses to class claims, and in a case against a union no less, after a federal court in Illinois found that union members’ claims may require individualized questions and therefore were not appropriate for class treatment. See Riffey v. Rauner, et al., 10-cv-02477 (N.D. Ill. June 7, … Continue Reading

Supreme Court Review Likely After Seventh Circuit Creates Split on Class and Collective Action Waivers

Setting the stage for U.S. Supreme Court review, the U.S. Court of Appeals for the Seventh Circuit has held that arbitration agreements that prohibit employees from bringing or participating in class or collective actions violate the National Labor Relations Act. Lewis v. Epic Systems Corp., No. 15-cv-82-bbc (7th Cir. May 26, 2016). This holding is … Continue Reading

Fourth Circuit Allows Casino Workers to Proceed With Putative Class and Collective Action For Unpaid Training Time at “Dealer School”

The Fourth Circuit recently decided in Harbourt v. PPE Casino Resorts Maryland, LLC that casino workers may proceed with a putative class action alleging that their unpaid attendance at a Maryland casino’s “dealer school” violated the Fair Labor Standards Act (“FLSA”) and Maryland wage laws. Background Plaintiffs alleged that the Casino advertised for dealer positions … Continue Reading

Ninth Circuit Affirms Dismissal of Wage-Hour Class Action Where Employees Could Edit Their Own Time Entries

In a case that could be of significant benefit to employers in California and elsewhere around the country, the Ninth Circuit Court of Appeals recently affirmed a ruling that plaintiffs failed to satisfy the “commonality” requirement essential to a collective action on their wage-hour claim where they had the authority to edit the time entries that … Continue Reading

Employers Beware of Phishing Scams

On April 20, 2016, a class action lawsuit was filed in the United States District Court, Southern District of California against Sprouts Farmers Market, Inc. The lawsuit was initiated by a former employee whose W-2 was allegedly disclosed as part of a phishing scam that occurred in late March 2016 amid reports that Sprouts’ employees … Continue Reading

Court Denies Class Certification in Telephone Consumer Protection Act Case, Citing Plaintiff’s “Unique” Circumstances

For employers who are facing class claims under the Telephone Consumer Protection Act, you may have more support for your defense: The U.S. District Court for the Southern District of California recently granted Wilshire Consumer Capital’s (WCC) motion to deny class certification in a putative class action filed under the TCPA. Judge Roger T. Benitez found that … Continue Reading

Is Equal Pay the Next Big Thing in Class Actions?

On February 1st, the EEOC announced it would begin requiring employers to submit information on employee wages and work hours broken down by gender, race and EEO-1 category as part of its annual EEO-1 reporting process.  For the first time, the EEOC (and the OFCCP) will have nationwide data on employee pay to help identify … Continue Reading

Supreme Court Weighs in on Class Action “Pick Off”, but Leaves Significant Questions Unanswered

Yesterday, the U.S. Supreme Court eliminated a strategy defendants have used to stem the rising tide of class action lawsuits—offering the named plaintiffs in a class action lawsuit full relief, mooting their individual claim (regardless if they accept it), and along with it, rendering the class action moot.  Campbell-Ewald Co. v. Gomez. These offers sometimes are … Continue Reading

Does An Offer of Complete Relief Moot a Plaintiff’s Individual and Corresponding Class Claims?

Special thanks to Jeff Brecher for material from his recent web article relied on for this post. If an employee brings a class action lawsuit, the employer offers the representative employee more than he could possibly recover individually in the lawsuit and the employee rejects the offer, does the offer “moot” the individual’s claims and, more … Continue Reading

Upcoming Amendments to the FRCP And Implications On Class Action Defense Costs

On December 15, 2015, several amendments to the Federal Rules of Civil Procedure are scheduled to take effect, including one which may assist employers to reduce the cost of defending class actions. The scope of permissible discovery under Rule 26 will no longer be defined as “reasonably calculated to lead to the discovery of admissible … Continue Reading

When It Comes To Pre-Certification Class Discovery, Don’t Give Away (More Than) The Store

Many employers who are familiar with class actions know that merits-based discovery is generally impermissible before a class has been certified. As a result, these employers often push back – without much forethought – on merits-based discovery that they consider to be “invasive” during the pre-certification stage. At the same time, with respect to discovery … Continue Reading

Jackson Lewis Class Action Trends Report Summer 2015 Now Available

Below is a link to the latest issue of the Jackson Lewis Class Action Trends Report.  This report is published on a quarterly basis by our firm’s class action practice group in conjunction with Wolters Kluwer.  We hope you will find this issue to be informative and insightful.  Using our considerable experience in defending hundreds of … Continue Reading

FAQs About the Telephone Consumer Protection Act

Complying with the Telephone Consumer Protection Act (TCPA) is a growing concern for employers and others. This is especially true given that suits under the TCPA have regularly resulted in damage awards of hundreds of thousands, if not millions, of dollars. We have developed a comprehensive set of frequently asked questions concerning TCPA. If you are interested … Continue Reading