Class Action Litigation

Surgery, Hospital, Medical Professionals, DoctorBy Gerald L. Maatman, Jr., Jennifer Riley, and Michael L. DeMarino

Seyfarth Synopsis: As the COVID-19 era continues to unfold, many employers have adopted back-to-work polices that include mandatory vaccinations for their employees.  In Beckerich, et al. v. St. Elizabeth Medical Center, et al., Case No. 21-105-DLB-EBA (E.D. Ky. Sept. 24, 2021), the Defendants, a hospital group,
Continue Reading Court Declines To Enjoin Employer’s Mandatory COVID-19 Vaccination Policy

By Gerald L. Maatman, Jr., Thomas Ahlering, Alex Karasik, and Sarah Bauman

Seyfarth Synopsis: On September 20, 2021, the Seventh Circuit ruled in Fernandez v. Kerry, Inc., No. 21-1067 (7th Cir. Sept. 20, 2021), that a cause of action filed under the Illinois Biometric Information Privacy Act (“BIPA”) by employees of Kerry, Inc., was preempted by


Continue Reading Seventh Circuit Tosses BIPA Class Action On Federal Labor Law Preemption Grounds  

By Gerald L. Maatman, Jr., Thomas E. Ahlering, Alex W. Karasik, and Sarah Bauman

Seyfarth Synopsis: On September 17, 2021, the Illinois Appellate Court issued its highly-anticipated decision in Tims v. Black Horse Carriers, Inc., 2021 IL App (1st) 200563 (1st Dist. Sept. 17, 2021), on whether a one-year or five-year statute of limitations period applies
Continue Reading The Illinois Appellate Court Issues Key Ruling On Statute Of Limitations In BIPA Class Actions

By Gerald L. Maatman, Jr. and Sarah K. Bauman

Seyfarth Synopsis: On August 30, 2021, in Massone, et al. v. Washington, No. 20-CV-7906, 2021 WL 3863081(S.D.N.Y. Aug. 30, 2021), the U.S. District Court for the Southern District of New York dismissed a lawsuit brought by the U.S. Security Officers Union (the “Union”) on behalf of its members (“CSOs”) against
Continue Reading Federal Court Concludes That Security Officers Union Lacks Standing To Sue On Behalf Of Its Members For COVID-19-Related Workplace Injuries

By Gerald L. Maatman, Jr., Pamela Q. Devata, and John Drury

Seyfarth Synopsis:  On June 25, 2021, the U.S. Supreme Court reversed the Court of Appeals for the Ninth Circuit in TransUnion LLC v. Ramirez, No. 20-297 (U.S. June 25, 2021).  The Supreme Court held that the vast majority of class members did not suffer any “concrete harm”
Continue Reading U.S. Supreme Court Holds That Class Members Who Suffer No Concrete Harm From Statutory Violations Do Not Have Article III Standing And Cannot Recover

By Gerald L. Maatman, Jr., Jennifer A. Riley, and Alex Oxyer

Seyfarth Synopsis: In a recent case out of the U.S. District Court for the Southern District of Texas, the Court dismissed wrongful termination and violation of public policy claims brought by employees refusing an employer’s mandate to receive the COVID-19 vaccine. The case is Bridges v. Houston


Continue Reading In Precedent Setting Ruling, Texas Federal Court Dismisses Employees’ Wrongful Termination Suit Regarding Refusal To Receive COVID-19 Vaccine

By Gerald L. Maatman, Jr., Alex S. Oxyer, and Paul M. Waldera

Seyfarth Synopsis: The U.S. District Court for the District of Kansas recently reaffirmed the lenient standard courts utilize when deciding a motion for conditional certification of a collective action brought under the Age Discrimination in Employment Act (“ADEA”).  In Wood et al., v. Learjet et al.,
Continue Reading Be Careful What You Wish For: Federal District Court Uses Employer’s Desire For A Younger Work Force Against It In Conditional Certification

By:  Gerald L. Maatman, Jr. and Matthew J. Gagnon

Seyfarth Synopsis: On April 5, 2021, in Abe v. Virginia Department of Environmental Quality, the U.S. District Court for the Eastern District of Virginia held that Fourth Circuit precedent supports the use of prior salary by employers as an affirmative defense to an Equal Pay Act claim. In so doing, it
Continue Reading The Battle Over Prior Salary History Continues: Federal Court In Virginia Holds That It Is A Legitimate “Factor Other Than Sex” Justifying Wage Disparity

By: Gerald L. Maatman, Jr., Ian Morrison, Brett Bartlett, and Kerry Friedrichs

Seyfarth Synopsis: Please join us on Tuesday, February 23rd for the 17th Annual Workplace Class Action Litigation Report webinar! Register now to secure your spot and review the workplace class action developments of 2020 and what employers should expect for 2021.

In Seyfarth’s 17th Annual
Continue Reading Sign Up Now For Seyfarth’s 17th Annual Workplace Class Action Litigation Report Webinar!

By Jennifer A. Riley and Michael L. DeMarino

Seyfarth Synopsis: The ABA’s “anti-contact” rule prohibits attorneys from communicating with represented parties concerning the subject matter of the case. In Moore, et al., v. Club Exploria, LLC, No. 19-CV-2504, 2021 WL 260227 (N.D. Ill. Jan. 26, 2021), the court sanctioned defense counsel for calling plaintiff’ s cell number as part
Continue Reading Primer On The Line Between Proper And Improper Communications With Parties In A Class Action