The fifth of my “5 Wishes for Securities Litigation Defense” (April 30, 2016 post) is to move securities class action damages expert reports and discovery ahead of fact discovery.
Among the grounds for new lawsuits that class-action lawyers routinely troll are regulations from the Federal Housing Authority (FHA) and the U.S. Department of Housing & Urban Development (HUD).
As we previously reported here, the U.S. Court of Appeals for the Second Circuit in Glatt v. Fox Searchlight Pictures, Inc. held that an individual is properly classified as an unpaid intern where he or she “is the primary beneficiary of the relationship.”
Class Action Waivers in Arbitration Agreements Signed As a Condition of Employment No Longer Enforceable in California
The Ninth Circuit recently held in Morris v. Ernst & Young, LLP that employees have a substantive right to pursue work-related claims collectively, and employers may not force employees to waive this right as a condition of employment.
On August 29, a Florida federal court rejected a motion to dismiss filed by Doctor’s Associates, Inc., doing business as Subway, which relied on the U.S. Supreme Court’s recent decision in Spokeo v. Robins in a Fair and Accurate Credit Transactions Act (“FACTA”) putative class action.
The Ontario Court of Appeal in Fantl v. Transamerica Life Canada dismissed an appeal of a Divisional Court ruling, confirming the certification of an investor class action for negligent misrepresentation.
Ninth Circuit Court of Appeals Widens Circuit Split As to Class Action Waivers in Employee Arbitration Agreements
In a decision likely to have significant ramifications for employers, a divided panel of the Ninth Circuit Court of Appeals ruled last week that employers cannot require employees to individually arbitrate their claims by way of “separate proceedings.”
After the City of Jacksonville stopped following a class action consent decree that required it to hire a proportionate number of black and white firefighters, the U.S. Court of Appeal for the Eleventh Circuit affirmed the district court’s denial of the motion and dissolution of the consent decree on the grounds that the plaintiffs waiting fifteen years to bring their show cause motion.
Middle District of Florida Finds Certification of FLSA Collective Action and Rule 23 Class Action Claims to Be Inconsistent
In a case for overtime compensation, the Middle District of Florida (Fort Myers Division) held that plaintiffs’ claims under the Fair Labor Standards Act (“FLSA”) and Federal Rule of Civil Procedure 23 were “mutually exclusive and irreconcilable.”