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Results: 1-10 of 155

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

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

District court refuses to certify class of “non-liturgical” protestant navy chaplains

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • September 8 2014

Given the rich diversity and array of religions, and the First Amendment prohibitions both on the establishment of religion and impeding the free

New York district court conditionally certifies class of interns

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • August 20 2014

In Mark v. Gawker Media LLC, Case No. 13-cv-4347(AJN) (S.D. N.Y. Aug. 15, 2014), Gawker became the subject of yet another in a line of cases

Court rejects pseudo-expert reports and refuses to certify off-the-clock case

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

Off-the-clock cases involving call centers have been in vogue for a number of years despite lingering issues regarding whether they can truly be

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

Second Circuit finds auditors exempt and endorses limits on class discovery

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • July 28 2014

While the number of class or collective action lawsuits has exploded, decisions from Circuit Courts of Appeal, particularly on procedural issues, are

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

Interns win one, lose one, in having misclassification cases conditionally certified in New York

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

There has been a great deal of coverage involving litigation by interns against various media and entertainment companies in New York