BNA Class Action Litigation Report published our thoughts on Dukes, et al. v. Wal-Mart Stores, Inc. – the massive gender discrimination class action involving some 1.5 million putative class members – is now on the U.S. Supreme Court’s doorstep. Wal-Mart filed its petition for a writ of certiorari with the U.S. Supreme Court on August 25 seeking to overturn the
Continue Reading Dukes v. Wal-Mart Reaches The Supreme Court
What happens when a wage and hour class action, removed to federal court under the Class Action Fairness Act of 2005 (“CAFA”), 28 U.S.C. §§1332(d) and 1453 fails certification as a class action? What if after remand, the same plaintiffs revive the class claims in state court? A growing number of federal courts have concluded that if class certification is
Co-authored by Dana Howells and Brandon L. Spurlock
Like all federal courts, the U.S. District Court for the Central District of California has promulgated Local Rules that have the force of law to the extent they do not contravene the Federal Rules of Civil Procedure. The Local Rules need to be taken seriously, including Local Rule 23-3’s requirement that a
Continue Reading Local Rules “Rule” in Procedural Defeat for FLSA Class Action