Tag Archives: certification

Class Action Trends Report Fall 2020

As the COVID-19 pandemic continues to alter work lives in profound ways, employers are confronted with additional liability risks. The pandemic has created a wave of litigation that is unlikely to ebb until well after the unprecedented public health crisis recedes. In this issue, Jackson Lewis attorneys discuss the risks of WARN Act litigation among the … Continue Reading

District Court Certifies Class under Rule 23; Dukes cited; Behrend not mentioned

Following  the granting of conditional certification under FLSA 216(b) in July 2012, the U.S. District Court for the Southern District of New York (Judge Andrew L. Carter, Jr.) granted the plaintiffs’ motion to certify a class of umpires who alleged that the United States Tennis Association’s (USTA) improperly classified them as “independent contractors” since 2005 in order to avoid paying overtime … Continue Reading

District Court Denies Certification of 23(b)(3) Class; Quotes Language from Comcast Corp. v. Behrend

The U.S. District Court for the Western District of Washington (Judge Richard A. Jones) denied a motion to certify a class of more than 2,000 call-center customer account executives (“CAEs”) under Rule 23(b)(3) holding that individualized issues predominated over common questions.   Ginsburg et. al. v. Comcast Communications Mgmt. LLC, 2013 U.S. Dist. LEXIS 55149 (W.D. Wash. 4.17.13). … Continue Reading
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