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Proskauer on Class and Collective Actions Blog

Articles: 1-10 of 20

Second Circuit Affirms Expansion of Gender Bias Class Action against Sterling Jewelers

USA - November 25 2019 On November 18, 2019, the United States Court of Appeals for the Second Circuit revived a potentially sweeping class action against Sterling Jewelers…

Ninth Circuit Affirms Denial of Class Certification for Wage and Hour Claims on Predominance Grounds

USA - October 15 2019 On October 4, 2019, the Ninth Circuit Court of Appeals affirmed rulings by the District Court for the Northern District of California to decertify a…

District of Massachusetts Grants Class Certification but denies Summary Judgment in Independent Contractor Misclassification Case

USA - September 27 2019 On September 13, 2019, the U.S. District Court for the District of Massachusetts granted certification of a class of independent contractor drivers…

California Supreme Court Hands Employers A Rare Victory, Trims Bloated PAGA Claims

USA - September 16 2019 Last week, the California Supreme Court held that private litigants may not recover unpaid wages under the Labor Code Private Attorneys General Act…

NLRB Greenlights Aggressive Response to Class Action Filings

USA - September 6 2019 On August 14, 2019, the National Labor Relations Board (the “Board”) held that employers may require employees to waive their right to join class and…

Second Circuit Compels Individual Arbitration of Putative Class FLSA and State Labor Law Claims

USA - July 11 2019 On July 2, 2019, a three-judge panel of the Second Circuit reversed the lower court’s denial of a motion to compel individual arbitration of a…

How Do Individualized Issues Impact a Class Action Settlement?

USA - June 12 2019 The Ninth Circuit went a long way towards answering that question in an en banc decision last week. The key takeaway is that a district court…

U. S. Supreme Court Holds that Third-Party Defendants to Counterclaims Cannot Remove Class Actions to Federal Court

USA - June 5 2019 In a 5-4 decision in Home Depot U.S.A. Inc., v. Jackson, 587 U.S. __ (2019), the United States Supreme Court held that a third-party counterclaim…

Northern District of New York Denies Class Certification and Decertifies Collective, Confirming Common Answers Not Common Questions Are Required

USA - May 3 2019 On April 26, 2019, the Northern District of New York held that a group of Plaintiffs failed to satisfy their burden to establish commonality and…

United States Supreme Court Says Courts Cannot Compel Classwide Arbitration Absent Affirmative Contractual Agreement

USA - April 25 2019 In a 5-4 decision authored by Chief Justice Roberts on April 24, 2019, the United States Supreme Court held that the Federal Arbitration Act (“FAA”)…