Workplace Class Action Blog

Category Archives: Settlement Issues

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“Exceptional” Class Action Dismissed By Supreme Court Of Louisiana

Posted in Settlement Issues

By Gerald L. Maatman, Jr.

On October 31, 2014, in Oliver v. Orleans Parish Sch. Bd., No. 2014-C-0329 (La. Oct. 31, 2014), the Supreme Court of Louisiana reversed a Fourth Circuit Court of Appeal decision and dismissed a class action lawsuit brought by Plaintiffs, 7,600 former teachers and permanent school district employees who were terminated following Hurricane Katrina in 2005, … Continue Reading

Court Refused To Approve $324.5 Million Settlement In Workplace Antitrust Class Action

Posted in Settlement Issues

By Timothy F. Haley

That’s not a typo! In a decision issued on August 8, 2014, Judge Lucy Koh of the U.S. District Court for the Northern District of California rejected the parties’ $324.5 million proposed class action settlement as inadequate and denied the Plaintiffs’ motion for preliminary approval in In Re High-Tech Employee Antitrust Litigation, 11-CV-0250, 2014 U.S. Dist. … Continue Reading

The Need For Vigilance: The EEOC Comes Back For A Second Bite Of An Employer After A Settlement

Posted in Settlement Issues

By Chris DeGroff and Brian Wong

In the world of EEOC systemic enforcement, court-imposed injunctive relief accompanies nearly every settlement of Title VII claims. The parties memorialize this relief in the form of a consent decree to be approved by the Court and entered as an enforceable order. Though the parties and the public tend to focus primarily on the … Continue Reading

SCOTUS Agrees To Consider Scope Of The EEOC’s Statutory Duty To Conciliate

Posted in Settlement Issues

By Gerald L. Maatman, Jr., Jennifer A. Riley, and Rebecca S. Bjork 

We have been following developments in an important case regarding judicial review of the EEOC’s statutory obligations to try and resolve discrimination complaints in conciliation before filing suit. Today, the Supreme Court decided to take up consideration of this issue, granting certiorari in Mach Mining, LLC … Continue Reading

Eighth Circuit Allows NFL Players To “End Run” Class Action Settlement

Posted in Settlement Issues

By Gerald L. Maatman, Jr., and Alexis P. Robertson

On June 20, 2014, the U.S. Court of Appeals for the Eighth Circuit reversed a district court’s dismissal of a request by the NFL Players’ Association and several NFL players (collectively, the “Association”) to set aside and reopen an earlier Stipulation and Settlement Agreement with the National Football League (“NFL”). … Continue Reading

Northern District Of California Publishes Guidance For Submission Of Class Action Settlements

Posted in Settlement Issues

By Laura J. Maechtlen and Brian Wong

The U.S. District Court for the Northern District of California recently published guidance for submission of class action settlements for preliminary and final approval. The Court’s guidance, available here, is a helpful chart for employers currently navigating the rocky shoals of class action settlement.

The guidance includes detailed suggestions as to what … Continue Reading

Seventh Circuit Rejects “Scandalous” Class Settlement

Posted in Settlement Issues

By Gerald L. Maatman, Jr., Jennifer Riley, and Alexis Robertson

On June 2, 2014, the U.S. Court of Appeal for the Seventh Circuit overturned approval of a class action settlement that it described as “inequitable” and “even scandalous.” The decision, Eubank v. Pella, Nos. 13-2091, 13-2133, 13-2136, 13-2162 & 13-2202 (7th Cir. June 2, 2014), is a … Continue Reading

The California DFEH Secures A Multimillion Dollar Settlement In Its High-Profile Systemic Action Against The Law School Admission Council

Posted in Settlement Issues

By Laura J. Maechtlen and Brian Wong

On May 20, 2014, the California Department of Fair Employment and Housing (“DFEH”) announced the impending settlement of its high-profile systemic action against the Law School Admission Council, Inc. (“LSAC”). Our ongoing coverage of this case, DFEH v. Law School Admission Council, Inc., No. 12-CV-1830, can be found here and here. The … Continue Reading

Abandoning Class Action Settlement Negotiation Short of Final Agreement May Result In Issuance Of Class Notice Prior To Appellate Review

Posted in Settlement Issues

By Reema Kapur and Alexis P. Robertson

On May 6, 2014, the U.S. Court of Appeals for the Tenth Circuit in Miller v. Basic Research, LLC, No.13-4048 (10th Cir. May 6, 2014), dismissed defendant’s appeal of a district court’s order enforcing a class settlement agreement, over defendants objection. The Tenth Circuit held that the case was an impermissible … Continue Reading