Tag Archives: class action

Jackson Lewis Class Action Summit 2013 in NYC

On November 8, 2013, Jackson Lewis held its Employment Class Action Summit: Key Strategies for Defending Class Actions at the Grand Hyatt in New York City.  The purpose of the event was to inform attendees of the significant trends in employment class action litigation and offer key pre- and post-litigation defense strategies.  Experienced Jackson Lewis class action litigators … Continue Reading

Department Store Retailer Defeats Class Certification Of State Wage-Hour Claims And Preemptively Defeats FLSA Certification In Cross-Motion

Plaintiffs seeking to certify a California class of current and former assistant stores managers and other differently titled managers and associates were denied class certification of their state law claims under Rule 23.  Saks, Inc., the operator of high-end retail department stores across the United States, also convinced the district court to grant its preemptive cross-motion seeking to … Continue Reading

Comcast Does Not Foreclose Certification Of Liability Only Class Under Rule 23(c)(4) Where Individualized Proof of Damages Overwhelms Common Questions, Says S.D.N.Y.

In, perhaps, the most important wage and hour class action post-Comcast, the District Court for the Southern District of New York (Judge J. Paul Oetken) granted in part and denied in part a pharmacy chain’s motion for reconsideration of the court’s previous order certifying a class of assistant store managers’ (“ASMs”) state law overtime claims, … Continue Reading

California Court Tosses ERISA Class Action Against Liberty Mutual

Rejecting ERISA claims brought by a class of participants from an acquired corporation seeking past service credit for accrued benefits under the previous pre-acquired employer, the United States District Court for the Southern District of California granted summary judgment to defendants (an insurance company, the retirement plan, its sponsor, and its administrator) on all four of plaintiffs’ causes of action … 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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