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U.S. Supreme Court eases CAFA removals

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • December 16 2014

Congress passed the Class Action Fairness Act (CAFA) in 2005, in response to perceived (in fact real) concerns regarding potential abuses of the

Sixth Circuit affirms opt-in requirement for lead FLSA collective action plaintiffs

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • September 8 2012

One of the consequences of the rise of Fair Labor Standards Act litigation, particularly in the collective action context, has been an increase in the number of circuit court decisions addressing FLSA procedural issues

CAFA’s amount in controversy requirement: courts’ scrutiny of evidence varies greatly

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • August 4 2011

One of the most vexing issues for outside and in-house counsel is what type and how much evidence to provide in support of Class Action Fairness Act (“CAFA”) removal

Sixth Circuit refuses to uphold collective action waiver absent arbitration

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • August 11 2014

My working title for this blog was "collective action grab bag," concerning the recent Sixth Circuit case in Killion v. KeHE Distributors, LLC, Case

Court finds TwomblyIqbal pleading standard does not apply to class action defenses

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • February 6 2012

Alright, it’s a lawyer’s case, but it’s an important one for employers defending class actions

California District Court disqualifies class counsel for conflict of interest

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • January 15 2014

Is more of a good thing a better thing? In some contexts, not, as reflected by a recent case from the Northern District of California. In Lou v. Ma

Dukes supports application of Daubert standards to expert witnesses at the class certification stage

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • October 5 2011

The United States Supreme Court's recent decision in Wal-Mart Stores, Inc. v. Dukes has rightly drawn attention from commentators on a host of class action issues ranging from the standards for commonality to limitations on classes seeking back pay awards

Texas court denies conditional certification of proposed FLSA class of loan processors

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • September 18 2012

While many courts apply a lighter standard for the conditional certification of putative FLSA classes, employers tend to prevail more often on so-called “off-the-clock” cases, as a recent case from the Southern District of Texas demonstrates

Eighth Circuit affirms summary judgment on overtime claims for class of tax professionals

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • May 22 2014

Relatively few FLSA cases are certified and then reach a court of appeals on the merits, but that recently happened before the Eight Circuit

Unanimous Supreme Court finds security screening time NOT compensable

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • December 9 2014

Security screening has become more common over the past decade, both to promote security for some employers and to deter employee theft for others. A