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California district court rejects proposed class action settlement

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • April 12 2013

It is axiomatic that the class action vehicle exists for the benefit of the claimants. An inherent conflict of interest may arise between the class

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 remands Memphis Title VII disparate impact case, yet again

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • November 26 2014

It’s hard not to feel sorry for the residents of Memphis, Tennessee. Depending on which source you consult, its violent crime rate hovers between

Fifth Circuit upholds unsupervised release of FLSA claims

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • July 30 2012

Do you remember the movie “Spring Break ’83”?

Ninth Circuit issues yet another problematic decision in Dukes v. Wal-Mart

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • June 17 2010

On April 26, 2010, the Ninth Circuit issued yet a third appellate decision in the ongoing saga of Dukes v. Wal-Mart Stores, the largest employment class action in history to be certified

Court rejects EEOC class-wide BFOQ challenge to mandatory retirement of pilots

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • December 31 2012

Mandatory retirement ages have been largely eliminated for most employees, but still continue in a handful of areas. For many years, the Federal Aviation

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

Juries hand employers class action wage and hour victories

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • June 9 2011

Jury trials of employment class actions are rare

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

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

The Supreme Court made clear in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009), that a complaint cannot simply parrot the elements of a claim but must make specific factual allegations regarding the actions the plaintiffs seek to challenge

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