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Early consensus: courts rely on Comcast v. Behrend in refusing to allow wage and hour cases to proceed as class actions

Seyfarth Shaw LLP
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USA
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April 24 2013

Did the Supreme Court's decision last month in Comcast v. Behrend make it harder for plaintiffs to pursue wage and hour claims as class actions? An

Saving the anti-hybrid arguments for the certification stage may be the "superior" way to defeat a state law wage-hour claim

Seyfarth Shaw LLP
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USA
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April 15 2013

We have long argued that the best path for defeating a hybrid state law wage and hour claim is not through a motion to dismiss but by making a strong

Genesis of a clearer distinction between class and collective actions? Supreme Court decides Symczyc.

Seyfarth Shaw LLP
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USA
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April 16 2013

The Supreme Court issued a groundbreaking ruling today in Genesis Healthcare Corp. v. Symczyk that brings into clearer focus the fundamental

With the speed of broadband--Supreme Court applies Comcast to wage and hour case

Seyfarth Shaw LLP
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USA
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April 2 2013

In a post last week, we predicted that the Supreme Court's opinion in Comcast v. Behrend would have "monumental" implications for wage and hour class

Supreme Court's opinion in Dukes, et al. v. Wal-Mart Stores, Inc. - win for employers impacts wage & hour class and collective actions

Seyfarth Shaw LLP
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USA
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June 20 2011

This opinion will transform Rule 23 law and dramatically change how workplace class actions are structured and defended and, in doing so, will also assist employers in defeating certification in wage and hour cases

Fourth Circuit tells wage and hour plaintiffs to put up with Dukes

Seyfarth Shaw LLP
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USA
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March 20 2013

Since the Supreme Court decided Dukes v. Wal-Mart in June 2011, litigants have wrestled over its impact on wage-hour class and collective actions

Individual arbitration of FLSA claims: Second Circuit to decide

Seyfarth Shaw LLP
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USA
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March 20 2013

Will the Second Circuit join six other circuits in holding that agreements to arbitrate FLSA claims on an individual basis -- and not on a class or

Behind the "magic-8 ball": Supreme Court hears argument in Sutter

Seyfarth Shaw LLP
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USA
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March 25 2013

Can an employer that has agreed to arbitrate "all disputes" with its employees be required to participate in "class arbitration," even if its

Did the earth just move? Comcast suggests individual damage calculations prevent class certification

Seyfarth Shaw LLP
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USA
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March 27 2013

Is a class action permitted if each class member's damages would have to be proven separately rather than measured on a class-wide basis? The Supreme

Still duking it out: Ninth Circuit considers impact of Dukes on wage and hour class actions

Seyfarth Shaw LLP
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USA
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August 8 2012

It has been more than a year since the Supreme Court’s landmark ruling in Wal-Mart Stores, Inc. v. Dukes, and its impact on wage and hour class actions remains hotly debated

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