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 case of In Re
Continue Reading Good News For Employers: D.C. Circuit Insists On “Hard Look” At Uninjured Class Members At Class Certification Stage
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 Aug. 14, 2019), the Supreme
Continue Reading The Supreme Court of Ohio Rules That Defendants Need Not Plead An Arbitration Defense To Defeat Class Certification
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 of the Fair Labor Standards
Continue Reading Conditional Certification Granted In ADEA Collective Action On Behalf Of All Chattanooga Volkswagen Employees Aged 50 And Over
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 common to class members predominate
Continue Reading Ninth Circuit Rules That Varying State Laws Do Not Defeat Predominance Requirement In Class Action Settlement Context
By: Gerald L. Maatman, Jr., and Christina M. Janice
Seyfarth Synopsis: On March 29, 2019, in Ahad v. Board of Trustees of Southern Illinois University, et al., Case No. 15-CV-3308 (C.D. Ill. Mar. 29, 2019), Judge Sue E. Myerscough of the U.S. District Court for the Central District of Illinois decertified a collective action under the Equal Pay Act
Continue Reading Illinois Court Dismantles Equal Pay Act Collective Action Of Group Of Female Doctors
Seyfarth Synopsis: Last week, we posted the first video in a series of clips from Seyfarth Shaw’s “Top Trends In Workplace Class Action Litigation” book launch event. Specifically, this set of exclusive videos allows our readers to see and hear Workplace Class Action Litigation Report author Jerry Maatman’s perspective on each major class action trend from 2018. Today’s clip focuses
Continue Reading Seyfarth Shaw’s Jerry Maatman Presents On 2018 Class Action Trend 2: Class Certification Rulings
By: Gerald L. Maatman, Jr., and Christina M. Janice
Seyfarth Synopsis: On February 4, 2019, in Woods-Early v. Corning Corp., Case No. 18-CV-6162, a race discrimination class action, Judge Frank P. Geraci, Jr. of the U.S. District Court for the Western District of New York refused to strike class allegations of discrimination in promotions on the basis of
Continue Reading Federal Court Determines That Decision-Making By Upper Management May Allow For Certification In A Title VII Class Action
By: Gerald L. Maatman, Jr., Timothy F. Haley and Ashley K. Laken
Seyfarth Synopsis: On January 22, 2019, in Maderazo v. VHS San Antonio Partners, L.P., C.A. No. 06-CV-535 (available here), a case alleging that hospitals in San Antonio conspired to suppress nurses’ wages that had been pending for nearly 13 years, the U.S. District Court for the
Continue Reading U.S. District Court Denies Motion For Class Certification In Wage Suppression Antitrust Case
Seyfarth Synopsis: Our latest blog gave readers a detailed breakdown of the second trend of our 15th Annual Workplace Class Action Report (WCAR), which was class certification rulings in 2018. While Plaintiffs attained noticeably high rates of success in the areas of ERISA and wage & hour litigation this year, employers also fared well
Continue Reading 5 Key Trends In Workplace Class Action Litigation For 2018: Trend #2 Record-High Certifications Video
By Christopher M. Cascino And Gerald L. Maatman, Jr.
Seyfarth Synopsis: In a major end-of-the-year ruling, employers scored a significant victory in terms of the denial of class certification in a major gender discrimination case that has been closely watched by the media and the bar alike. It underscores the power of U.S. Supreme Court rulings as a bulwark for
Continue Reading Applying Wal-Mart, Court Denies Certification Of Nationwide Title VII Class Action Asserting Framework Within Which Discretionary Decision-Making Was Done