Seyfarth Synopsis: At our recent book launch for the 2020 Workplace Class Action, we discussed a circuit by circuit analysis of 303 certification orders in 2019. That analysis revealed interesting results including Plaintiff-centric success in certifying wage & hour cases at the highest rates of the decade. Conversely, employers fared well in the employment discrimination
Chipotle’s Employees Denied Class Certification On Employment Discrimination Claims
By Gerald L. Maatman, Jr., Jennifer A. Riley, Alex S. Oxyer, Andrew D. Welker
Seyfarth Synopsis: On January 15, 2020, in Guzman v. Chipotle Mexican Grill, Inc., No. 17-CV-02606-HSG, 2020 WL 227567 (N.D. Cal. Jan. 15, 2020), Judge Haywood Gilliam of the U.S. District Court for the Northern District of California denied a motion
Court Declines To Certify Class Of Sexually Assaulted Hospital Patients
By Gerald L. Maatman, Jr., Christina M. Janice, and Alex W. Karasik
Seyfarth Synopsis: In Ituah, et al. v. Austin State Hospital, a federal magistrate judge in Texas recently recommended the denial of a motion for class certification brought by patients alleging disability discrimination against a state psychiatric hospital for failing to make
Top Trends In Workplace Class Action Litigation: Panel Discussion/Webinar For Book Launch
Seyfarth Exclusive! In Person Event & Live Webinar
You are invited to join Erin Mulvaney, Senior Legal Reporter at Bloomberg Law, and Seyfarth Partner Gerald (“Jerry”) L. Maatman, Jr. for a panel discussion marking the release of Seyfarth’s 16th Annual Workplace Class Action Litigation Report. Please click here to register. For those of you in
Sixth Circuit Allows Appeal Of Novel Class Action Ordered In Nationwide Opiate Litigation
By Gerald L. Maatman, Jr. and Christina M. Janice
Seyfarth Synopsis: In the latest development in the ultra-high stakes nationwide Prescription Opiate Litigation, the U.S. Court of Appeals for the Sixth Circuit recently granted the petition of six Ohio cities to appeal the class certification order of U.S. District Court Judge Daniel A. Polster
Ohio Federal Judge Crafts An Unprecedented Class Action Mechanism To Bring Relief To Counties And Cities Struggling To Address Opioid Crisis
By Gerald L. Maatman, Jr. and Christina M. Janice
Seyfarth Synopsis: In complex class actions, courts have looked to Rule 23 to authorize class actions either for trial, or for approval of a previously negotiated settlement. Now as thousands of public entities nationwide pursue financial relief from opiate manufacturers, distributors, and pharmacies, U.S.
Good News For Employers: D.C. Circuit Insists On “Hard Look” At Uninjured Class Members At Class Certification Stage
By: Gina R. Merrill, David B. Ross, and Gerald L. Maatman, Jr.
Seyfarth Synopsis: In a decision with far–reaching implications for workplace class actions, the D.C. Circuit recently affirmed the denial of class certification of a Rule 23(b)(3) class on the grounds that the proposed class contained uninjured class members in
The Supreme Court of Ohio Rules That Defendants Need Not Plead An Arbitration Defense To Defeat Class Certification
By Gerald L. Maatman, Jr., Michael L. DeMarino, and Andrew Cockroft
Seyfarth Synopsis: Complex class actions often present a scenario in which some or most of the putative class members are subject to arbitration agreements, but the named plaintiff is not. In Gembarski v. PartsSource, Inc., No. 2018-0125, 2019 Ohio LEXIS 1639 (Ohio
Conditional Certification Granted In ADEA Collective Action On Behalf Of All Chattanooga Volkswagen Employees Aged 50 And Over
By Gerald L. Maatman, Jr. and Matthew Gagnon
Seyfarth Synopsis: On June 11, 2019, in an age discrimination lawsuit, the U.S. District Court for the Eastern District of Tennessee once again demonstrated how the lenient standard that is so often applied at the conditional certification stage of a collective action brought under the procedural rules
Ninth Circuit Rules That Varying State Laws Do Not Defeat Predominance Requirement In Class Action Settlement Context
By Gerald L. Maatman, Jr., Esther Slater McDonald, and Michael L. DeMarino
Seyfarth Synopsis: Satisfying Rule 23(b)(3)’s predominance requirement is undoubtedly a challenge when it comes to a nationwide class. Among the many issues that arise is the extent to which varying state laws can impact whether questions of law or fact