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Indiana district courts finds private equity firm potentially liable in WARN class action
  • Baker & Hostetler LLP
  • USA
  • October 1 2013

This seems to be the month for class action cases presenting unusual issues in combination. Last week we wrote about a class action disparate impact


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


Nevada Supreme Court finds class of strippers were employees
  • Baker & Hostetler LLP
  • USA
  • December 3 2014

Given the extensive use of euphemisms in the exotic dancing trade, we'll apologize in advance for any unintended puns. We've written on the issue of


Supreme Court agrees to hear case addressing scope of wage and hour class and collective actions
  • Baker & Hostetler LLP
  • USA
  • June 10 2015

It's hard enough to predict what the Supreme Court will do on a given case even after it has been briefed and oral argument has been heard. It's even


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


Fourth Circuit affirms sanctions against the EEOC in action fraught with delays
  • Baker & Hostetler LLP
  • USA
  • April 7 2014

Many employers who have dealt with the EEOC in large cases suffer frustration over inexplicable delays combined with at times unreasonable requests


California district court rejects overtime settlement over $50,000 incentive awards
  • Baker & Hostetler LLP
  • USA
  • April 28 2014

Large incentive awards continue to jeopardize class action settlements. We wrote on February 14 about recent cases in which Circuit Courts rejected


Court dismisses EEOC ADA pattern or practice claim as untimely
  • Baker & Hostetler LLP
  • USA
  • October 30 2012

It is no secret that the EEOC is asserting aggressive positions in several arenas, but a recent case reflects that it must continue to follow Title VII’s basic requirements despite its new enforcement prerogatives


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


Unanimous Supreme Court holds EEOC must conciliate
  • Baker & Hostetler LLP
  • USA
  • May 4 2015

Title VII was passed with a strong bias toward voluntary, non-litigation methods of dispute resolution. Indeed, the statute requires that even when