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Category Archives: Class Certification

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Rise Of The Zombie Lawsuit: Fifth Circuit Revives Former Dukes Class Member’s Individual Claims Against Her Former Employer

Posted in Class Certification

By Laura J. Maechtlen and Kathryn “Chris” Palamountain 

As we previously reported, following the re-booting of discrimination claims by a member of the former class in Dukes et al. v. Wal-Mart Stores, Inc., a Texas federal district court judge dismissed the individual and class claims of that plaintiff.  On appeal, the Fifth Circuit reversed the dismissal of the named … Continue Reading

District Court Reinstates Class Certification Order In Wage Suppression Case; Rules Comcast Does Not Apply

Posted in Class Certification

By Timothy F. Haley

On March 7, 2014, Judge Gerald Rosen of the U.S. District Court for the Eastern District of Michigan issued an opinion and order fully reinstating his September 13, 2013, order granting the plaintiffs’ motion for class certification in Cason-Merenda v. VHS of Michigan, Inc., Case No. 06‑15601, 2014 U.S. Dist. LEXIS 29447 (E.D. Mich. Mar. 7, … Continue Reading

Wal-Mart v. Dukes’ Holding Prohibiting The Use Of Mandatory, Non-Opt-Out Classes Where Monetary Damages Are At Issue Should Extend To State Court Class Actions, According To Amici

Posted in Class Certification

By Rebecca Bjork and Gerald L. Maatman, Jr.

A recent amicus brief filed in support of a Supreme Court certiorari petition is definitely worth a read for corporate counsel who follow developments in class action law.  The Washington Legal Foundation and the International Association of Defense Counsel filed this brief in Allstate Ins. Co. v. Jacobsen. Allstate is seeking Supreme … Continue Reading

Arizona District Court Certifies Class Of Lesbian And Gay State Employees In Denial Of Benefits Case

Posted in Class Certification

By Gerald L. Maatman, Jr. and Laura J. Maechtlen

On December 23, 2013, in Diaz, et al. v. Brewer, Case No. 09-CV-2402 (D. Ariz. Dec. 23, 2013), the U.S. District Court for the District of Arizona issued an order certifying a class of lesbian and gay Arizona state employees who filed a lawsuit to challenge action by the Arizona Legislature … Continue Reading

The Final Chapter In Dukes v. Wal-Mart?

Posted in Class Certification, Uncategorized

By Gerald L. Maatman, Jr. and Laura J. Maechtlen  

As we reported here, following their stinging defeat before the U.S. Supreme Court in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), plaintiffs rebooted their claims in a fourth amended complaint alleging class-based gender discrimination claims with very important changes aimed to address deficiencies identified by the U.S. … Continue Reading

Court Certifies High-Tech Worker Antitrust Class Action

Posted in Class Certification

By Timothy F.  Haley

On October 24, 2013, Judge Lucy Koh of the U.S. District Court for the Northern District of California certified a class of employees in a wage suppression “no employee solicitation” antitrust case in In Re: High-Tech Employee Antitrust Litigation, Case No.: 11-CV-02509, 2013 U.S. Dist. LEXIS 153752 (N.D. Cal. Oct. 24, 2013). In an area in … Continue Reading

No Love: Florida District Court Dismisses Class Allegations Filed As Untimely Under Eleventh Circuit’s “No-Piggyback Rule”

Posted in Class Certification

By Gerald R. Maatman, Jr., Laura Maechtlen, and Kathryn “Chris” Palamountain

As discussed here, in the wake of the U.S. Supreme Court’s decertification of a nationwide class in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), former class members have filed a number of follow-on actions against Wal-Mart. We have also explained here and here that … Continue Reading

UPDATED – Remanded For Reconsideration In Light Of What Decision, Now, Exactly?

Posted in Class Certification

By Rebecca Bjork and Gerald L. Maatman, Jr.

To reach a decision it issued on August 22, 2013, the U.S. Court of Appeals for the Seventh Circuit was required to read some serious Supreme Court tea leaves and we found the results to be pretty interesting. In Butler v. Sears, Roebuck and Co., No. 11-8029 (7th Cir. Aug. 22, 2013), … Continue Reading

DENIED! – Plaintiffs Fail To Effectively “Reboot” Class Claims And Class Certification Is Denied (Again) In Dukes v. Wal-Mart

Posted in Class Certification, Uncategorized

 

By Gerald A. Maatman, Jr. and Laura J. Maechtlen

As our loyal blog readers are aware, following their stinging defeat before the U.S. Supreme Court in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), plaintiffs’ counsel rebooted their claims in a fourth amended complaint alleging class-based gender discrimination claims with very important changes aimed to address deficiencies identified … Continue Reading