Perfecting the “Pick Off”: Using a Rule 68 Offer of Judgment to Get FLSA Collective Actions “Out”

“Sometimes surrender is the best option.”  That is how Judge Raymond J. Dearie of the U.S. District Court for the Southern District of New York described how the Rule 68 Offer of Judgment may be used by employers to pay—i.e., “pick off”—individual plaintiffs to defeat a broader and significantly more costly FLSA collective action in his recent opinion in Anjum v. J.C. Penney Co., Inc..

Another Federal Court Decertifies FLSA Collective Action of Hospital Workers Challenging Auto-Deduct Policy

Another Federal Court Decertifies FLSA Collective Action of Hospital Workers Challenging Auto-Deduct Policy

We have previously discussed that, while medical providers have become a common target of plaintiffs asserting wage and hour claims arising out of so-called “auto-deduct” policies, more and more courts are realizing that the inherently fact-specific nature of these lawsuits make class treatment very difficult.  See our posts from June 23, 2014, and September 17, 2014].

Dead Again: Ontario Court of Appeal Makes Clear That Certification of Misclassification Overtime Class Actions Remains As Hard As Ever

By | Canadian Appeals Monitor | October 14, 2014
Dead Again: Ontario Court of Appeal Makes Clear That Certification of Misclassification Overtime Class Actions Remains As Hard As Ever

Last week, the Ontario Court of Appeal released its decision in Brown v. Canadian Imperial Bank of Commerce, upholding the Divisional Court’s decision affirming the dismissal of a certification motion in a proposed “misclassification” overtime class action (previously blogged about in the spring and fall of 2013).

Yet Another Opinion in Which a Court Mistakes Hypothesis for Theory

By | Mass Torts: State of the Art | October 13, 2014
Yet Another Opinion in Which a Court Mistakes Hypothesis for Theory

While some may imagine that scientific hypotheses are the product of highly educated people with brilliant minds drawing straightforward inferences from compelling evidence the fact remains that all scientific hypotheses are nothing more than guesses; and as every middle schooler taught the scientific method knows, even the best pedigreed hypotheses are usually false.