Class Action & Mass Torts

In the latest effort to argue that student athletes qualify as employees under the Fair Labor Standards Act (“FLSA”), a class action lawsuit was filed last week in a federal court in Pennsylvania against the National Collegiate Athletic Association (“NCAA”) and 20 universities. Last year, the U.S. Court of Appeals for the Seventh Circuit affirmed...… Continue Reading
Supreme Court Considers Class Waivers in Employment Arbitration Agreements

The Supreme Court kicked off its October 2017 Term yesterday with a spirited oral argument in the three cases involving the enforceability of arbitration agreements in employment contracts.

As we have explained, these cases—Epic Systems v. Lewis, …

The post Supreme Court Considers Class Waivers in Employment Arbitration Agreements appeared first on Class Defense Blog.


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The Supreme Court began its new Term yesterday with oral arguments in cases involving whether arbitration agreements permitting only individual (non-class) arbitrations are enforceable under the Federal Arbitration Act, or prohibited by the National Labor Relations Act as an improper restriction on collective action. It is a case that essentially pits one federal statute against...… Continue Reading
CAFA Doesn’t Bar A Stipulation Of Dismissal For Re-filing An Un-certified Class Action In State Court For The Purpose Of Settlement.

Adams v. USAA Casualty Insurance Company, No. 16-3382 (8th Cir. July 25, 2017). In this action, while reversing a district court’s order, the Eighth Circuit found that CAFA doesn’t bar a stipulation of dismissal for re-filing an un-certified class action in state court for the purpose of seeking approval of settlement. The Eighth Circuit maintained...

The post CAFA Doesn’t Bar A Stipulation Of Dismissal For Re-filing An Un-certified Class Action In State Court For The Purpose Of Settlement. appeared first on CAFA Law Blog.

“A class action that ‘seeks only worthless benefits for the class’ and ‘yields [only] fees for class counsel’ is ‘no better than a racket’ and ‘should be dismissed out of hand.’” In re Subway Footlong Sandwich Mktg. & Sales Practices Litig., 2017 U.S. App. LEXIS 16260, at *3 (7th Cir. Aug. 25, 2017) (quoting In...… Continue Reading
Having previously nominated Acting Chairman Ann Marie Buerkle to serve as the permanent chair, and with Senate Commerce Committee hearings held on her confirmation on September 27, 2017, President Trump has nominated lawyer Dana Baiocco to serve a commissioner on the U.S. Consumer Product Safety Commission (CPSC). Baiocco would serve for a standard 7-year term...… Continue Reading
Many real estate businesses accused of violating the Real Estate Settlement Procedures Act have invoked the statute’s exemption for “services actually performed.” But the Consumer Financial Protection Bureau has long rejected those efforts, reading the exemption as narrowly as possible. The bureau’s hardballing continued last week, when it penalized an Indiana title company for its...
Tick, Tock….The EEOC Runs Out The Clock – Fiscal Year 2017 Marks A Last Minute Return To Frantic Filing

By Matthew J. GagnonChristopher J. DeGroff, and Gerald L. Maatman, Jr.

Seyfarth Synopsis: With uncertain times and profound changes anticipated for the EEOC, employers anxiously await what enforcement litigation the EEOC has in store. Although 2016 showed a marked decline in filings, fiscal year 2017 shows a return to vigorous enforcement filings, with a substantial number of … Continue Reading