Class Action & Mass Torts

Dealing with Competing Class Actions, Part Two – Venue Transfer and MDL Consolidation Part two of our series on competing class actions will address strategies intended to “corral” multiple cases: venue transfer under the federal forum non conveniens statute, and seeking multidistrict litigation (MDL) consolidation. Such strategies, while not necessarily eliminating competing cases, can be useful in lodging such cases in fewer forums, often resulting in discovery and... Continue Reading

Los Angeles labor and employment litigators Michael Mandel and Amy Beverlin bring us perspective on three class-action waiver cases currently awaiting decision by the Supreme Court, as well as a potential path forward for class-action waivers in employment contracts.

Everyone is talking about the future of class-action waivers in employment arbitration agreements after the Supreme Court launched its new term this month with oral argument in three closely-watched cases—National Labor Relations Board v. Murphy Oil USA, Inc. (5th Circuit), Epic Systems Corp. v. Lewis (7th Circuit), and Ernst & Young LLP v. Morris (9th Circuit).  In its impending decision, … Continue Reading

Under Dart Standard Fifth Circuit Rules Plaintiffs’ Mere Denials Insufficient to Rebut Defendants’ Amount-In-Controversy Evidence.

Carter v. Westlex Corp., 643 Fed. Appx. 371 (5th Cir. 2016) (per curiam). In this case, the Fifth Circuit affirmed the denial of plaintiffs’ remand motion where plaintiffs submitted only conclusory allegations to contest defendants’ evidence that CAFA’s amount-in-controversy requirement was satisfied. Plaintiffs asserted a putative class action in Texas state court against Toyota and...

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The Amount in Controversy is an Estimate of the Total Amount in Dispute, Which Is Distinct from the Amount Ultimately Recoverable

Henry v. Central Freight Lines, Inc., 2017 WL 2684136 (9th Cir. June 21, 2017). In this action, while reversing a district court’s order remanding the case to the state court, the Ninth Circuit found the amount in controversy is simply an estimate of the total amount in dispute, and is a concept distinct from “the...

The post The Amount in Controversy is an Estimate of the Total Amount in Dispute, Which Is Distinct from the Amount Ultimately Recoverable appeared first on CAFA Law Blog.

Oregon children’s product reporting instructions and portal go live With less than three months to go before the first biennial reporting deadline, the Oregon Health Authority has opened its reporting portal and issued instructions for reporting under the Oregon Toxic Free Kids Act. The Act requires manufacturers (or importers into the state) to report the existence of “High Priority Chemicals of Concern for Children’s … Continue reading
Ongoing Debate Over Scope Of Workplace Bias Law

Seyfarth Synopsis: On October 5, 2017, U.S. Attorney General Jeff Sessions issued an agency memorandum stating that the language contained in Title VII of the Civil Rights Act of 1964, “does not prohibit discrimination based on gender identity per se, including transgender status.” It represented a head-snapping pivot of the position of the U.S. Department of Justice. In this video, … Continue Reading

In a mixed ruling, a California state court judge in Villegas v. Six Flags Entertainment Corp., Case No. BC505344, issued a decision last week denying certification of eight subclasses of amusement park workers, but indicating she would consider certification of several others pending further briefing.  Basis of Complaint In 2013, a group of four plaintiffs...… Continue Reading