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 the Midwest, please join us
Continue Reading Top Trends In Workplace Class Action Litigation: Panel Discussion/Webinar For Book Launch

Seyfarth Synopsis: In early September of 2017, Judge Richard Posner announced his retirement from the U.S. Court of Appeals for the Seventh Circuit, a position he had held since his appointment by President Reagan in 1981.  Judge Posner served as Chief Judge of the Seventh Circuit from 1993-2000. Scholars and commentators agree that Judge Posner wrote some of the
Continue Reading The Class Action Jurisprudence Of Judge Richard Posner

court-northern-district-of-iowaBy Gerald L. Maatman, Jr., John S. Marrese, and Christopher M. Cascino

Seyfarth Synopsis:  A group of female truck drivers sued their employer for policies allegedly resulting in a hostile work environment for and retaliation against women who complained of sexual harassment on the job.  Under Rules 23(b)(3) and 23(c)(4), the U.S. District Court for the Northern District of
Continue Reading Court Uses Novel Issue Certification Device To Sidestep Individualized Issues Otherwise Precluding Class Certification

supreme-court-546279_960_720By Gerald L. Maatman, Jr., Tiffany Tran, and Julie Yap

Seyfarth Synopsis: Seyfarth Shaw submitted comments and oral testimony to the Federal Advisory Committee on Civil Rules regarding needed reform and guidance to Rule 23, the rule that governs class action litigation in federal courts. While the proposed amendments address important issues, our workplace class action group proposed four
Continue Reading Seyfarth Shaw Submits Comments And Testimony On The Proposed Amendments To Rule 23

By Gerald L. Maatman, Jr.

The Ninth Circuit’s ruling in Stockwell v. City & Cnty. of San Francisco, Case No. 12-15070 (9th Cir.  April 24, 2014), is already sparking a debate over the meaning of Rule 23. Our posting on the ruling is here. The decision ought to be required reading for all corporate counsel concerned about workplace
Continue Reading Point / Counter-Point: The Debate On The Meaning Of Rule 23

By Gerald L. Maatman, Jr. and Laura J. Maechtlen

While much of the news this week has been focused on a decision from the U.S. District Court for the Eastern District of Virginia that declared Virginia’s ban on same-sex marriage unconstitutional, we read with great interest a separate and equally important decision from the U.S. District Court for the Western
Continue Reading Wedding Bells In Virginia District Courts: Rule 23 Class Certification for Virginia Same Sex Couples

By Kathryn “Chris” Palamountain and Kate Birenbaum

Containing a local business dispute that had, at least temporarily, been blown into a nationwide class action, the First District Court of the Texas Court of Appeals in Houston recently overturned a trial court’s certification of claims brought on behalf of a class of persons whose personal information may (or may not) have
Continue Reading No Trash Talking: Texas Court Of Appeals Overturns Certification Of Privacy Claims Brought By Dumpster-Diving Class Representative

By Courtney K. Bohl and Laura J. Maechtlen

On September 29, 2013, Chief Judge Sharon Lovelace Blackburn of the U.S. District Court for the Northern District of Alabama in Bryant, et al. v. Southland Tube, No. 2:10-CV-3215, 2013 U.S. Dist. LEXIS 141607 (N.D. Ala. Sept. 29, 2013), denied plaintiffs’ motion for class certification finding plaintiffs failed to satisfy Rule
Continue Reading Subjective Decision Making Strikes Again – Class Certification Denied For Lack Of Commonality And Typicality In Case Involving Discretionary Selection System For Promotions, Training, and Pay Increases

By Timothy F. Haley

On September 13, 2013, Judge Rosen of the U.S. District Court for the Eastern District of Michigan issued an Opinion and Order in an alleged wage suppression antitrust case certifying a class of over 20,000 Registered Nurses (“RNs”) in Cason-Merenda, et al. v. Detroit Medical Center, Case No. 06-15601, 2013 U.S. Dist. LEXIS 131006 (E.D.
Continue Reading Court Certifies Antitrust Class Action In Nurse Wage Exchange Case

By Rebecca Bjork and Gerald L. Maatman, Jr.

Workplace class actions are being reshaped before our very eyes, as district courts across the country apply important new Supreme Court decisions. A new noteworthy ruling illustrating this trend in the context of Rule 23(b)(3) requirements is from a long-running employment discrimination case in New York entitled Gulino, et al. v. The
Continue Reading Certification Of Damages Issues – Really?