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Results: 1-10 of 199

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


California courts deny certification in wage and hour cases based on claim that employer “should have known” of unpaid time
  • Baker & Hostetler LLP
  • USA
  • January 10 2014

Back in October, we reviewed a number of California cases that, for the most part, denied certification in cases in which certification would have


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


Seventh Circuit applies good faith standard for removal under CAFA
  • Baker & Hostetler LLP
  • USA
  • May 4 2011

On April 14, 2011, the Seventh Circuit issued an important decision regarding removal under the Class Action Fairness Act ("CAFA"


New Jersey court denies certification of large sex discrimination class in light of Dukes
  • Baker & Hostetler LLP
  • USA
  • January 3 2012

In Dukes v. Wal-Mart Stores, Inc., 131 S. Ct. 2541 (2011), the Supreme Court held that it was error to certify a class of 1.6 million women alleging sex discrimination in employment


Court Grants Summary Judgment for Employer in California Class Action Vacation Pay Case
  • Baker & Hostetler LLP
  • USA
  • June 15 2016

Most California employers know that California treats vacation pay largely as a vested benefit that cannot ordinarily be “forfeited.” In common


Supreme Court Continues Sanctions Litigation Against the EEOC
  • Baker & Hostetler LLP
  • USA
  • May 19 2016

A slap in the face, maybe, after 11 years Back in 2005, a prospective driver for a trucking company filed a charge with the EEOC contending that two


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


Eleventh Circuit rejects DOL test in internship collective action
  • Baker & Hostetler LLP
  • USA
  • September 24 2015

It is almost an axiom that the Fair Labor Standards Act, 29 U.S.C. 201 et seq., passed in 1938, is out of date. Despite modest tweaks since the


Sixth Circuit Decision Clarifies Timing of Removal Under the Class Action Fairness Act
  • Baker & Hostetler LLP
  • USA
  • April 8 2016

Congress enacted the Class Action Fairness Act, better known as "CAFA," to address some of the well-documented abuses of class action litigation