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Ninth Circuit Holds That Evidence Supporting Class Certification Need Not Be Admissible
  • Seyfarth Shaw LLP
  • USA
  • May 14 2018

In Sali v. Corona Regional Medical Center, No. 15-5640, 2018 U.S. App. LEXIS 11497 (9th Cir. May 3, 2018), a three judge panel of the U.S. Court of


Temporal Proximity Is Not Enough: Third Circuit Nixes FCAAnti-Kickback Suit For Failure To Link Alleged Scheme to Claims
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • February 9 2018

On January 19, 2018, the United States Court of Appeals for the Third Circuit affirmed a district court’s ruling granting summary judgment to a


No Good Deed Goes Unpunished - The Supreme Court May Decide Whether Payments for Meal Breaks Can Offset Alleged Off-The-Clock Work
  • Seyfarth Shaw LLP
  • USA
  • June 6 2017

Pending before the United States Supreme Court is a petition for writ of certiorari asking the Court to determine whether an employer may use


See No Evil, Hear No Evil: Third Circuit finds Employer Not Liable for Tortious Interference Claim Where Employer had No Knowledge of New Hires’ Non-Competes
  • Mintz
  • USA
  • May 9 2017

A few months ago, a three-member Third Circuit appellate panel in Acclaim Systems, Inc. v. Infosys, upheld a district court decision, which dismissed


Can Defendants Obtain Discovery from Each “Party Plaintiff” in a Collective Action?
  • Epstein Becker Green
  • USA
  • May 2 2017

Since 2000, the number of wage and hour cases filed under the Fair Labor Standards Act ("FLSA") has increased by more than 450 percent, with the vast


Local Officials Entitled to Qualified Immunity For “No Contact” Email
  • Pillsbury
  • USA
  • April 6 2017

On April 4, the U.S. Court of Appeals for the Third Circuit decided the case of Mirabella v. Villard, et al., a civil rights case brought under 42 U.S


Third Circuit: No Direct Evidence Needed for Mixed-Motive Jury Instruction in FMLA Retaliation Cases
  • Jackson Lewis PC
  • USA
  • March 29 2017

A former employee alleges that he was terminated because he exercised his right to take intermittent leave under the Family and Medical Leave Act


Third Circuit Finds Title IX Provides a Remedy for Sex Discrimination in Fully Funded Educational Institutions
  • Ogletree Deakins
  • USA
  • March 23 2017

The Third Circuit Court of Appeals has again created a circuit split by disagreeing with decisions from the Fifth and Seventh Circuit Courts of


Momentum Continues Against Validity of Class and Collection Action Waivers - Delaware District Court Judge Refuses to Enforce Class Action Waiver
  • Squire Patton Boggs
  • USA
  • October 13 2016

We have been closely monitoring the battle over the legality of class and collective action waivers under the National Labor Relations Act (NLRA)


Third Circuit says sunk discovery costs not a proper factor in class certification analysis
  • Patterson Belknap Webb & Tyler LLP
  • USA
  • September 16 2016

It is not every day that antitrust plaintiff classes fail to win certification due to lack of numerosity under Federal Rule of Civil Procedure