By Pam Devata, John Drury, and Robert Szyba
On March 13, 2015, the Solicitor General of the United States filed an amicus brief opposing the petition for writ of certiorari filed in Spokeo, Inc. v. Robins, No. 13-1339 (U.S.). The Spokeo petition poses a question with a significant impact on the future scope of consumer and workplace-related
By Gerald L. Maatman Jr. and Howard M. Wexler
In a well-reasoned and very important decision for all class action practitioners, the U.S. Court of Appeals for the Third Circuit recently ruled in Rodriguez, et al. v. National City Bank No. 11-8079 (3d Cir. Aug. 12, 2013), that a District Court did not abuse its discretion in refusing to approve
Continue Reading Not So Fast: Third Circuit Refuses To Overturn Denial Of Rule 23 Settlement Class Based On Wal-Mart Stores, Inc. v. Dukes
By Rebecca Bjork and Gerald L. Maatman, Jr.
Today, the Supreme Court of the United States issued its decision in Comcast Corp. v. Behrend, — S. Ct. —, 569 U.S. — (2013), an important Rule 23 decision subsequent to 2011’s landmark Wal-Mart v. Dukes decision. We have been watching this case closely as it has percolated its way up
By Rebecca Bjork and Gerald L. Maatman, Jr.
This morning we observed oral arguments in the biggest Supreme Court Rule 23 case of this term – Comcast Corp. v. Behrend, No. 11-864 (argued Nov. 5, 2012). For those who want a taste of the arguments and questioning, the transcript is here.
The SCOTUS accepted Comcast’s petition for certiorari
By Gerald L. Maatman, Jr. and Jennifer Riley
On September 14, 2012, the U.S. Court of Appeals for the Third Circuit issued another opinion in EEOC v. Kronos, Inc., No. 2:09-MC-00079 (3d Cir. Sept. 14, 2012) (“Kronos II”), addressing an ongoing controversy concerning the scope of the EEOC’s subpoena power. (Click here for our previous post on this
Continue Reading Third Circuit Reaffirms EEOC’s Broad Subpoena Power In Mixed Ruling For Employers
By Gerald L. Maatman, Jr. and Jennifer Riley
On June 25, 2012, the U.S. Supreme Court granted Comcast’s petition for a writ of certiorari seeking review of the Third Circuit’s decision in Behrend v. Comcast Corp., 655 F.3d 182 (3d Cir. 2011). In the class action world, this grant of certorari is big news for employers.
The Supreme
Continue Reading U.S. Supreme Court To Review Evidentiary Requirements For Class Certification
By Rebecca Bjork and Lynn Kappelman
The recent decision of the U.S. Court of Appeals for the Third Circuit in NAACP, et al v. North Hudson Regional Fire & Rescue, Nos. 10-3965 & 10-3983, 2011 WL 6144188 (3d Cir. Dec, 12, 2011), demonstrates how employers facing disparate impact claims must have a laser-like focus on statistical analysis of hiring
Continue Reading Disparate Impact Case Turns On Battle Of The Experts