Co-authored by Dana Howells and Jennifer Riley
In a previous post on Thorogood v. Sears, Roebuck & Co., a panel of the Seventh Circuit used the All Writs Act, 28 U.S.C. 1651(a), to halt a consumer class action brought in California that was essentially a copycat of an earlier case where the Seventh Circuit had denied class certification. Our previous
Co-authored by Lorie Almon and Dana Howells
In the 24/7 healthcare industry, thirty-six hour workweeks comprised of three 12-hour shifts are popular with nurses – more free time, ability to pick up additional shifts, and less time spent commuting are some of the advantages. Different pay for different shifts – more desirable versus less desirable – is commonplace, and it
Continue Reading Ninth Circuit Finds Shift Pay Flexibility Under Fair Labor Standards Act
Co-authored by Dana Howells and Jennifer Riley
On November 8, 2010, the Ninth Circuit – in DeLodder v. Aerotek, Inc., Case No. 10-80178 (November 8, 2010) – agreed to hear a discretionary appeal of the denial of a class certification order in overtime litigation involving 700-plus Aerotek recruiters. Plaintiffs seek unpaid overtime and California Labor Code penalties for missed
Continue Reading Ninth Circuit To Review Class Certification In Key Administrative Exemption Case
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 involving the same parties, attorneys, and subject matter. The lucid 29-page opinion by Judge Posner – in Thorogood v. Sears, Roebuck & Co., Case No. 10-2407, 2010 U.S. App. Lexis 22807, __ F.3d__(7th Cir. Nov. 2, 2010). “Thorogood III” – highlights how class counsel’s use of far-reaching, burdensome discovery for settlement leverage justifies enjoining a second attempted class action.
The latest decision was the third appeal to the Seventh Circuit. It contains important lessons for employment class actions, especially in the wage & hour context where plaintiffs’ counsel often file multiple class actions in different venues.Continue Reading Seventh Circuit Enjoins Copycat Class Action
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 Seventh Circuit Enjoins Copycat Class Action
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