A Job to Be a Hockey Player: Ontario Superior Court of Justice Certifies a Class Action to Decide Whether OHL Players Are Employees Entitled to Get a Minimal Wage Pay

By Paul Davis and Oksana Migitko Paul DavisOksana Migitko The Ontario Superior Court of Justice recently certified a case that, as reported by some media, could change Canadian hockey forever.[1] Two representative plaintiffs, Sam Berg, a former Niagara IceDogs forward, and Danial Pachis, a former member of the Oshawa Generals, will be allowed to pursue a lawsuit against the OHL and its clubs[2] alleging that junior hockey players do not get what they are entitled to under the law, namely, minimum wages for their services on the basis that they are employees. View Full Post
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D.C. Court Dismisses Class Action Breach of Contract Case Based On Policy Manual

Supervisory employees’ claims derailed by merits It’s unusual to see an employment class action based on breach of contract by nonunionized employees. A recent case from the District of Columbia involving the Washington Metropolitan Area Transit Authority (WMATA), reflects why, and highlights problems that occur when employees try to bring class-wide claims based on the employer’s policy manuals. View Full Post
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Supreme Court Reins in California Courts’ Approach to Specific Jurisdiction

Below, Chicago-based litigator Matt Gold weighs in on the implications of last week’s Supreme Court decision rejecting the sliding scale approach to specific jurisdiction in mass tort proceedings. On June 19, 2017, the Supreme Court reinforced its narrow application of specific jurisdiction in mass tort proceedings in an 8-1 decision in Bristol-Myers Squibb Company v. View Full Post
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Judges Refuse Certification of Off-the-clock Wage and Hour Cases

Employees at O’Hare Encounter Delays of a Different Kind The Northern District of Illinois has now either decertified or refused to certify two “off the clock” cases involving hourly workers at O’Hare Airport. Neither case involves O’Hare employees per se, but both involve large contractors and highlight the pitfalls for plaintiffs in large off-the-clock cases. View Full Post
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Posner Pounces On Class of “Dissatisfied” Eye Drop Purchasers

Raleigh-based litigator Joan Dinsmore brings us a discussion of yet another memorable opinion by Seventh Circuit Judge Richard Posner. Earlier this year, the United States Court of Appeals for the Seventh Circuit refused to reconsider en banc its decision reversing certification of a class of glaucoma sufferers who claimed that eye drop containers dispense drops that are too large, forcing them to purchase eye drops more frequently. View Full Post
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11 States Sue Department of Energy Over Inaction On Efficiency Standards

Eleven states, led by New York Attorney General Eric Schneiderman and California Attorney General Xavier Becerra, and including the city of New York, a Pennsylvania regulator, and three nonprofit groups, have jointly filed suit in federal court to sue the Department of Energy (DOE). View Full Post
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A Forum Selection Clause Must Clearly and Unequivocally Waive the Right to Remove the Action to Federal Court to Remand the Action

Zehentbauer Family Land LP v Chesapeake Exploration, LLC, 2016 WL 3903391 (N.D. Ohio July 19, 2016). A district court in Ohio found that if the forum selection clause does not clearly and unequivocally waive the right to removal, it cannot find that the defendants waived their right to remove the action. View Full Post
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