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Class action defense cases – Williams v. Superior Court: California Appellate Court affirms trial court order limiting discovery re putative class members to store location where Plaintiff worked

USA - August 14 2015 The decision of the California Court of Appeal in Williams v. Superior Court (Marshalls), No. B259967 (Cal. Ct. App. May 15, 2015) will have…

American Arbitration Association (AAA) enforces binding individual arbitration while JAMS allows plaintiff to unilaterally include dozens of employees in single arbitration proceeding

USA - August 14 2015 JMBM recently litigated a labor law class action where the employees were bound by arbitration clauses with class action waivers. Some of those…

American Express v. Italian Colors: United States Supreme Court reverses Second Circuit refusal to enforce class action waiver under Federal Arbitration Act (FAA)

USA - June 24 2013 Plaintiffs – a group of merchants who accept American Express cards – filed a putative class action against American Express alleging of the Sherman…

Class action defense cases – Brinker v. Superior Court: California Supreme Court affirms, reverses and remand Class Action Certification ruling In Labor Law Class Action clarifying meal and rest break requirements

USA - April 15 2012 Plaintiffs filed a putative class action in California state court against their employer, Brinker Restaurant, alleging various labor law violations; specifically, the class action complaint alleged that Brinker failed to provide employees with rest breaks, failed to provide employees with meal breaks, and that Brinker required employees to work “off-the-clock”.

KPMG v. Cocchi: Supreme Court reiterates requirement that state courts follow Concepcion and enforce arbitration agreements under the Federal Arbitration Act (FAA)

USA - November 28 2011 Plaintiffs filed a putative class action in Florida state court against various defendants, including KPMG LLP, for damages suffered as a result of investments made with Bernard Madoff; the class action named the investment funds, the entity that managed the funds, and KPMG as auditor.