Workplace Class Action Blog

Category Archives: Defense Strategies

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Wal-Mart And McReynolds: Applying Class Action Tactics To Develop Defensible Workplace Policies

Posted in Class Certification, Defense Strategies

By Tracy Billows, Jonathan C. Grey, and David Kadue

As we have noted in previous blog postings (read here and here) the plaintiffs’ class action bar continues to look for ways to work around the U.S. Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011). A prime example of these tactics is … Continue Reading

Use Of Settlement Offers In A Class Action/Collective Action As A Rule 68 Offer To Moot Employees’ Claims?

Posted in Defense Strategies

Co-authored by Lynn Kappelman and Michael Fleischer

This question – what constitutes an effective Rule 68 offer of judgment to block or exit litigation – is all important to employers in all types of class actions and collective actions.

The Fourth Circuit recently issued a decision clarifying the magic terms that need to be in a settlement offer in order … Continue Reading

The 2011 Workplace Class Action Report Is Here

Posted in Class Action Litigation, Class Certification, Class Discovery, Defense Strategies, EEOC Litigation, Settlement Issues

The year just ended was a seismic one for employment-related class action litigation, paving the way for more far-reaching judgments, court rulings, and changes to class action law in 2011. Furthermore, in 2010, the value of major employment discrimination class action settlements increased four-fold over the prior year and the top ten settlements of wage & hour, ERISA, and governmental … Continue Reading

Closing Thoughts On Workplace Class Action Developments In 2010

Posted in Class Action Litigation, Class Certification, Class Discovery, Defense Strategies, EEOC Litigation, Rule 23 Issues, Settlement Issues

Seyfarth Shaw’s 2011 Workplace Class Action Report is coming soon! The report is the sole compendium in the U.S. dedicated exclusively to workplace class action litigation. Our loyal readers can expect to receive their copy in several weeks, with rulings and case law developments reviewed and analyzed through December 31, 2010.

To say the least, 2010 was a significant year … Continue Reading

Seventh Circuit Enjoins Copycat Class Action

Posted in Class Discovery, Defense Strategies

In the latest installment of a long running saga involving the stainless steel drums in Sears Kenmore clothes dryers,  the U.S. Court of Appeals for the Seventh Circuit utilized the All Writs Act, 28 U.S.C. 1651(a) (link) to halt class action litigation pending in the U.S. District Court for the North District of California, as well as future class actions … Continue Reading

Plaintiffs Respond To The Petition For Certiorari In Dukes v. Wal-Mart

Posted in Defense Strategies

In what is perhaps the closely watch cert petition in the employment law context in years, counsel for plaintiffs have filed their opposition to the petition for certiorari in Dukes, et al. v. Wal-Mart, an en banc ruling of the Ninth Circuit upholding certification of a class of more than a million current and former female workers who allege … Continue Reading