Court Dismisses Disparate Impact Class Claims Due to Limited EEOC Charge

By | Employment Class Action Blog | February 22, 2017
Class Claims Disparate impact cases are different in kind from the far more common disparate treatment claims that are the staple of single-plaintiff discrimination cases. Disparate treatment claims, of course, are ones in which an employee contends that he or she was treated less favorably than others on account of a protected trait, such as sex, race or color. View Full Post
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The Troubling Increase in CPSC Penalties

In an updated statistical analysis, Schiff Hardin’s Jonathan Judge examines how penalties handed down by the Consumer Product Safety Commission (CPSC) have abruptly veered upward over the last two years following the threat of CPSC’s then-Chairman Elliot Kaye, to do just that. These findings support our post last fall signaling higher civil penalties to come. View Full Post
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Eighth Circuit Holds CAFA Does Not Authorize Class Counsel to Choose Its Own Method of Fee Calculation

Galloway v. The Kansas City Landsmen, LLC, 2016 WL 4409343 (8th Cir. Aug. 19, 2016) In this case, affirming the judgment of a district court for an award of attorney’s fee to class counsel, the Eighth Circuit found that 28 U.S.C. § 1712 does not authorize class counsel to choose its method of payment calculation for purposes of computing attorneys’ fees, departing from the Ninth Circuit’s interpretation of the statute. View Full Post
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Depreciation of Labor Costs Class Action: Nebraska Supreme Court Rules in Favor of Insurer

By | Class Actions Insider | February 21, 2017
I’ve regularly followed on my blog key developments in the numerous class actions against the insurance industry involving the application of depreciation to the labor cost component of estimated replacement cost value in determining actual cash value under homeowners and commercial property insurance policies. The Nebraska Supreme Court recently addressed this issue on a certified question from that state’s federal district court. View Full Post
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Paying Bonuses to Non-Exempt Employees: Avoiding Class-Wide Overtime Violations

Employers generally recognize that their non-exempt employees must receive overtime premiums on their base pay – in most cases, their hourly wage – when they work overtime. However, not all employers are as well attuned to the requirement that overtime premiums may also be required on other, “supplemental” components of compensation to nonexempt employees. View Full Post
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D&O Developments Blog: Digests of Key Securities Litigation Decisions

By | D&O Discourse | February 20, 2017
I’d like to remind our dedicated D&O Discourse readers about our companion blog, D&O Developments (www.DandODevelopments.com), launched last spring. D&O Developments primarily reports and digests published appellate decisions in Private Securities Litigation Reform Act cases.  Various members of our Securities Litigation Practice Group contribute pieces. View Full Post
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Estimation of Potential Damages from the Complaint’s Allegations is Acceptable for Establishing CAFA’s Amount in Controversy

Estimation of Potential Damages from the Complaint’s Allegations is Acceptable for Establishing CAFA’s Amount in Controversy Heather v Air Methods Corporation, 2016 WL 7109675 (W.D. Okla. Dec. 6, 2016). The Western District of Oklahoma found that a defendant may rely on an estimate of the potential damages from the allegations in the complaint in order to meet its burden to establish the CAFA’s amount in controversy requirement. View Full Post
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Class Action Fairness Act Author Introduces New Bill That Would Drastically Reform Class Action Litigation

House Judiciary Committee Chairman Bob Goodlatte (R-Va.), the author of the Class Action Fairness Act, introduced the “Fairness in Class Action Litigation Act of 2017” last week that would substantially change class action litigation to “assure fairer, more efficient outcomes for claimants and defendants.” The House Judiciary Committee approved the bill on February 15th by a vote of 19-12. View Full Post
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