light bulb.bmpBy Tracy Billows, Jonathan C. Grey, and David Kadue

As we have noted in previous blog postings (read here and here) the plaintiffs’ class action bar continues to look for ways to work around the U.S. Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011). A prime example of these tactics


Continue Reading Wal-Mart And McReynolds: Applying Class Action Tactics To Develop Defensible Workplace Policies

Co-authored by Lynn Kappelman and Michael Fleischer

This question – what constitutes an effective Rule 68 offer of judgment to block or exit litigation – is all important to employers in all types of class actions and collective actions.

The Fourth Circuit recently issued a decision clarifying the magic terms that need to be in a settlement offer in order


Continue Reading Use Of Settlement Offers In A Class Action/Collective Action As A Rule 68 Offer To Moot Employees’ Claims?

WCA2011.jpgThe year just ended was a seismic one for employment-related class action litigation, paving the way for more far-reaching judgments, court rulings, and changes to class action law in 2011. Furthermore, in 2010, the value of major employment discrimination class action settlements increased four-fold over the prior year and the top ten settlements of wage & hour, ERISA, and governmental


Continue Reading The 2011 Workplace Class Action Report Is Here

WCA2011.jpgSeyfarth Shaw’s 2011 Workplace Class Action Report is coming soon! The report is the sole compendium in the U.S. dedicated exclusively to workplace class action litigation. Our loyal readers can expect to receive their copy in several weeks, with rulings and case law developments reviewed and analyzed through December 31, 2010.

To say the least, 2010 was a significant year


Continue Reading Closing Thoughts On Workplace Class Action Developments In 2010

Co-authored by Camille Olson and Gerald L. Maatman, Jr.

Paycheck Fairness Act did not survive a Senate vote today. Senate Republicans filibustered the bill and Democrats fell two votes short of the 60 needed to put it to an up-or-down vote.

As reported in our blog in a previous post, the plaintiffs’ class action bar is focusing on creation


Continue Reading The Paycheck Fairness Act Fails

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 what is perhaps the closely watch cert petition in the employment law context in years, counsel for plaintiffs have filed their opposition to the petition for certiorari in Dukes, et al. v. Wal-Mart, an en banc ruling of the Ninth Circuit upholding certification of a class of more than a million current and former female workers who allege


Continue Reading Plaintiffs Respond To The Petition For Certiorari In Dukes v. Wal-Mart