By Gerald L. Maatman Jr. and Howard M. Wexler

In a well-reasoned and very important decision for all class action practitioners, the U.S. Court of Appeals for the Third Circuit recently ruled in Rodriguez, et al. v. National City Bank No. 11-8079 (3d Cir.  Aug. 12, 2013), that a District Court did not abuse its discretion in refusing to approve
Continue Reading Not So Fast: Third Circuit Refuses To Overturn Denial Of Rule 23 Settlement Class Based On Wal-Mart Stores, Inc. v. Dukes

money.bmpBy Rebecca Bjork and Gerald L. Maatman, Jr.

Multi-million dollar attorneys’ fee awards in complex class action cases are not unusual. Those who litigate them can spend literally thousands of hours engaged in discovery, motion practice, pre-trial preparation, and more. Often taken on a contingency fee basis, such lawsuits can take years to resolve with no guarantee of success for those

Continue Reading Biggest Fee Award Of The Year Approved In A Discrimination Case – Over $90 Million

circseal2.jpgBy Gerald L. Maatman, Jr. and Scott Pearson

Although defendants often settle class actions to “buy peace” through class-wide releases, it is well-established that class releases will not be enforced in certain situations, such as when notice to the settlement class is deemed inadequate. In Hecht v. United Collection Bureau, 2012 U.S. App. LEXIS 17374 (2d Cir. Aug. 17

Continue Reading Don’t Overlook The Importance Of A Sound Notice Program In Settling Class Action Litigation

th.jpgBy Chris Palamountain

We have written a number of blog posts about Judge Quackenbush’s displeasure with certain class counsel arising from a request for an award of attorneys’ fees, costs, and expenses submitted in the U.S. District Court for the Eastern District of Washington in Plumbers Union Local No. 12 Pension Fund v. Ambassadors Group Inc., No. CV-09-214 (E.D.
Continue Reading Wine and Roses, Part III: District Court Sanctions Class Counsel For Improper Expense Requests

nj-map-400.gifBy Gerald L. Maatman, Jr. and Howard Wexler

A settlement approval decision in New Jersey federal court earlier this week stands as a reminder of the realities, and complexities, of settling class action lawsuits. Judge Katharine S. Hayden of the U.S. District Court for the District of New Jersey put the U.S. Justice Department’s class action claim against the State of New Jersey and the New Jersey Civil

Continue Reading Court Approves Race Discrimination Class Settlement Despite Hundreds Of Objections

sixth circuit.jpgBy Christopher DeGroffLaura J. Maechtlen, and Claudia Y. S. Wilson

Three large trade groups representing millions of the country’s businesses and employers entered the appellate fray last Thursday with their filing of an amicus brief before the Sixth Circuit in EEOC v. Peoplemark, Inc. As we previously reported here and hereEEOC v. Peoplemark stems from a

Continue Reading Enough Is Enough: Employers Take A Stand Against The EEOC’s Enforcement Tactics

ed washington.bmpBy Chris Palamountain and Brian Wong

A few months ago, we wrote about an interim decision in Plumbers Union Local No. 12 Pension Fund v. Ambassadors Group Inc., No. CV-09-214-JLQ, 2012 U.S. Dist. LEXIS 26232 (E.D. Wash. Feb. 28, 2012), in which Judge Quackenbush of the U.S. District Court, Eastern District of Washington was contemplating disciplinary action against class

Continue Reading Wine and Roses, Part II: District Court Initiates Disciplinary Proceedings Following Class Counsel’s Improper Expense Requests

is.jpgBy Chris Palamountain and Brian Wong

The availability of attorneys’ fees, costs, and expenses is a prime motivator for the plaintiffs’ employment class action bar, and Plumbers Union Local No. 12 Pension Fund v. Ambassadors Group Inc., No. CV-09-214-JLQ, 2012 U.S. Dist. LEXIS 26232 (E.D. Wash. Feb. 28, 2012), gives employers another reason not to simply agree to a

Continue Reading When Wine And Roses Backfire: Court Contemplates Disciplinary Action Following Post-Settlement Reimbursement Request By Plaintiffs’ Class Action Lawyers

Texas%20Fishing%20Online%20Map.jpgBy Chris Palamountain and Esteban Shardonofsky

Searches for mysterious creatures are hot again. We used to have to satisfy our curiosity by flipping through tabloids while waiting to pay for groceries or logging on to Wikipedia to stay up to date on the latest appearance of man-ape, alien, or the Loch Ness dragon. Now, entire cable television shows are dedicated to

Continue Reading Sasquatch Sightings And Other Improbable News: Texas Court Of Appeals Awards Lodestar Enhancement

circseal2.jpgBy Rebecca Bjork and Chris Palamountain

The Plaintiffs’ class action bar has made much of the retroactivity provisions of the Lilly Ledbetter Fair Pay Act of 2009, which provide that an unlawful employment practice occurs not only when a discriminatory decision is made, but also “each time wages, benefits, or other compensation is paid….”  Pub. L. No. 111-2, § 3

Continue Reading Second Circuit Finds Releases Limit Application of Fair Pay Act’s Retroactivity Provisions