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Results: 1-10 of 172

Minnesota district court rejects nationwide scope and conditionally certifies class of one Chipotle store

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • September 18 2014

Employees win most motions for conditional certification under the FLSA, with many courts declining to perform a probing analysis at that stage. A

Third Circuit affirms dismissal of class allegations for vague pleading

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • September 17 2014

Whenever I see the names of the Iqbal and Twombly pleading cases, I can’t help but feel that the names were clipped from lost lines of Lewis

Merits trump certification issues in two Southern District of New York cases

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • September 25 2014

Three years ago, the Supreme Court found in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541, 2551-52 (2011) that courts "frequently" will need to

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

California court affirms summary judgment against putative class of insurance agents

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • January 13 2012

As we have noted in prior blogs, litigation involving alleged independent contractor status is on the rise, and is increasingly the topic of class action claims

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

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

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

Arizona district court rejects joint employer arguments in independent contractor case alleging misclassification of truck drivers

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • July 21 2014

A month ago we discussed the Ninth Circuit's decision in Ruiz v. Affinity Logistics Corp., Case No. 12-56589 (9th Cir. June 16, 2014), in which the

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