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Ninth Circuit Holds That District Court Must Weigh Evidence to Determine Rule 23(b) Predominance

USA - May 4 2021 While statistical evidence has long been held to be probative on the issue of potential discrimination, it can also be tricky. Questions often abound…

Seventh Circuit Decertifies Sexual Harassment Class That Relied on Novel Theory

USA - March 17 2021 Sexual harassment of prison staff by prison inmates is a difficult issue. Courts have rightly held that harassment by inmates can be actionable when…

Florida Court Denies Conditional Certification in Tip Credit Case

USA - February 17 2021 The restaurant industry has been among the hardest hit during the current pandemic, but that has not prevented plaintiffs from pursuing class and…

Seventh Circuit Finds Class of 37 Does Not Meet Rule 23’s Numerosity Requirement

USA - February 2 2021 As numbers go, 37 isn’t as famous as, say, 1 or 13. It’s a prime number, the atomic number of rubidium and the age of the peasant Dennis in the movie…

The Fifth Circuit Rejects Two-Stage Conditional Certification Procedure for FLSA Collective Actions

USA - January 15 2021 Much of the current tsunami of wage and hour litigation across the country has been fueled by the use of a two-step procedure in Fair Labor Standards…