Fourth Circuit Denies As Untimely a Request to Review a Decision On a Motion to Decertify a Class in Light of Comcast V. Behrend

Fourth Circuit Denies As Untimely a Request to Review a Decision On a Motion to Decertify a Class in Light of Comcast V. Behrend

On July 25, 2014, a three-judge panel of the Fourth Circuit refused to accept a Rule 23(f) interlocutory appeal in a case where an employer had asked the district court to decertify a hostile work environment class in light of Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013).

Interesting Post-Comcast Class Certification Decisions Keep Coming

Interesting Post-Comcast Class Certification Decisions Keep Coming

On September 30, 2013, Judge George B. Daniels of the U.S. District Court for the Southern District of New York in Johnson, et al v. Nextel Communications, Inc., et. al., 2013 U.S. Dist. LEXIS 141445 (S.D.N.Y. Sept. 30, 2013) certified a class action –  pursuant to Rule 23(c)(4) – of 587 employees of Nextel Communications, Inc. (“Nextel”) who allege that Nextel, and the former plaintiffs’ law firm representing these employees, engaged in various illegal acts against them by entering into a Dispute Resolution Settlement Agreement (“DSRA”) to resolve their employment discrimination claims.

Sixth Circuit’s Recent Certification Ruling is Making a Splash in the Seventh Circuit’s Whirlpool Washer Case

Sixth Circuit’s Recent Certification Ruling is Making a Splash in the Seventh Circuit’s Whirlpool Washer Case

As we reported two weeks ago, the Sixth Circuit on July 18 re-affirmed the certification of a liability-only class of Ohio consumers following the Supreme Court’s directive that it reconsider its previous affirmation of the same class in light of the decision in Comcast v. Behrend,133 S. Ct. 1426 (2013). 

The Undeniable Fact of a Pro-Big-Business Supreme Court

Three years ago, Professor Richard Epstein of the University of Chicago was peddling falsehoods and misconceptions about malpractice law that wouldn’t pass a 1L Torts class. Via Walter Olson, I see he’s back with a piece titled, “The Myth of a Pro-Business SCOTUS,” claiming “Commentators inaccurately condemn the five conservative justices as corporate shills.”