Searching Content indexed under Class Actions by BakerHostetler ordered by Published Date Descending.
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The Fifth Circuit Agrees With Its Sister Circuits That Class Arbitrability Is A Gateway Issue For Courts, Not Arbitrators
In a predictable decision, the Fifth Circuit has held that the availability of class arbitration is a gateway issue for the courts to decide, absent "clear and unmistakable" language in the arbitration agreement to the contrary.
United States
20 Aug 2019
Youfit Reaches $1.4M TCPA Settlement
For most of us, gyms can be somewhat … intimidating. We're going there because we're less than perfect, of course. But why are there so many perfect people already there
United States
19 Aug 2019
Foodstate Settles ‘Whole Foods' Supplement Class Action
Plaintiffs allege product labels misled consumers on wholesome sourcing
United States
19 Aug 2019
Grubhub Orders Up More TCPA Tsouris
Grubhub is an ambitious company. Founded in 2004, it had gobbled up its main competitor, Seamless, by 2013; it went public
United States
3 Jul 2019
Tennessee District Court Conditionally Certifies ADEA Collective Action
Connecting the dots will likely be a problem down the road .
United States
27 Jun 2019
When A Third-Party Defendant Is Not A Defendant – Supreme Court Reinforces Removal Loophole
In a 5-4 decision written by Justice Clarence Thomas, and in which Justices Ginsburg, Breyer, Sotomayor and Kagan joined, the U.S.
United States
20 Jun 2019
Location, Location, Location. Washington Federal Court Looks To Where Benefit Plan Was Signed And Negotiated In Agreeing To Transfer ERISA Class Action To Georgia
Much like buying a home, location can mean everything when defending a class action. Therefore, it is common for defendants to try and transfer class actions to what is viewed as a more favorable
United States
19 Jun 2019
Sixth Circuit Affirms Complex Settlement Of FLSA Claims Involving Exotic Dancers
An FLSA collective action involving exotic dancers is brought in 2008 and settles in 2011.
United States
19 Jun 2019
Can Delivery Drivers Be Compelled To Arbitrate After New Prime? New Jersey Appellate Courts Seem To Take Conflicting Positions
After New Prime v. Oliveira, 139 S. Ct. 532 (2019), many wondered if state arbitration law could be applied when transportation workers were found to be exempt from the Federal Arbitration Act (FAA) based on § 1.
United States
18 Jun 2019
Ohio Federal Court Rejects Attempt To Certify Class Against Third-Party Plan Administrator Under ERISA § 502(a)(3)
Employee Retirement Income Security Act (ERISA) claims can potentially involve significant amounts in controversy,
United States
6 Jun 2019
Standing In Uncertainty: Spokeo Three Years Later
In 2016, the Supreme Court issued its decision in Spokeo Inc. v. Robins, holding that even when Congress has granted parties a statutory right, a procedural violation of that right...
United States
5 Jun 2019
Utz Resolves All Natural False Ad Claims For $1.2 Million
Have you ever wanted to bust out exhaustive, detailed accounts of how cottonseed, corn, soybean and canola oil are processed?
United States
31 May 2019
Supreme Court: Express Consent Required For Class Arbitration
On April 24, 2019, the U.S. Supreme Court ruled that an ambiguous arbitration agreement does not provide a sufficient basis to conclude that parties agreed to class arbitration.
United States
29 May 2019
Missouri District Court Decertifies FLSA Class Of IT Workers
We've noted before that while conditional certification motions are often granted, such classes fare far less well at the second decertification stage and just as poorly on the eve of trial.
United States
24 May 2019
ViSalus Trial Produces The Largest TCPA Verdict Ever?
Multilevel marketing company ViSalus sells a variety of drinks, snacks, meals and supplements that are bundled into "kits" that the company claims promote health,
United States
21 May 2019
Recent Decisions Don't Provide Useful Guidance On Tests For The FAA Exemption Of Transportation Workers
Sometimes being right is not a virtue, especially when it comes to the Federal Arbitration Act § 1 exemption. We predicted uncertainty after the New Prime v. Oliveira decision and got it.
United States
15 May 2019
SCOTUS Reverses Ninth Circuit On Proper Bases For Class Arbitrations
The U.S. Supreme Court, in a 5-4 decision, ruled that arbitration agreements must provide a "contractual basis for concluding that the part[ies] agreed to [class arbitration]."
United States
10 May 2019
Illinois District Court Decertifies Equal Pay Act Collective Class Involving Physicians
Section 16(b) of the Fair Labor Standards Act (FLSA) is the provision that requires those participating in a federal claim for minimum wages or overtime to opt in to the class,
United States
9 May 2019
StarKist Gets A Heart-Check Gut Check
When New York resident Abraham Warner filed suit against tuna giant StarKist Co. for its packaging art, it wasn't over its beatnik-inspired mascot, Charlie the Tuna.
United States
29 Apr 2019
Illinois District Court Stays Conditional Certification Order Pending Appeal On Arbitrability Issues
Following the Supreme Court's decision in Epic Systems Corp. v. Lewis, 138 S. Ct. 1632 (2018), plaintiffs have tried to come up with strategies to address the impact of arbitration
United States
26 Apr 2019
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