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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


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


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


Statistics in Wage and Hour Class Actions: Has Anything Really Changed?
  • Baker & Hostetler LLP
  • USA
  • April 25 2016

Statistics are kind of a Holy Grail of class action litigation. Everyone seems to know that they exist, but their understanding is shadowy and 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


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


Ninth Circuit decertifies sex discrimination case in light of Dukes
  • Baker & Hostetler LLP
  • USA
  • September 20 2011

If there was a case that might indicate what the Ninth Circuit would do in the wake of the Supreme Court's decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), it was that of Ellis v. Costco Wholesale Corp., Case No. CV-04-3341-MHP (N.D. Cal


Juries hand employers class action wage and hour victories
  • Baker & Hostetler LLP
  • USA
  • June 9 2011

Jury trials of employment class actions are rare


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"


Does D.R. Horton apply arbitration agreements without a class action waiver?
  • Baker & Hostetler LLP
  • USA
  • February 6 2014

Our sister blog, Employment Law Spotlight, recently reported on the decision of an NLRB administrative law judge regarding the legality of an