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Can an Offer of Judgment to the Named Plaintiff Moot a Class Action? Supreme...
Can a named plaintiff press ahead with a class action if he or she “won’t take ‘yes’ for an answer”? That colorful question, which Chief Justice Roberts asked counsel for the respondent during oral...
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Supreme Court Hears Argument in Tyson Foods v. Bouaphakeo—and a Blockbuster...
The Supreme Court on Tuesday heard oral argument in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, a case that has been closely watched for its potential to narrow the circumstances in which a class...
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Supreme Court affirms certification of FLSA collective action in Tyson Foods,...
Under Federal Rule of Civil Procedure 23(b)(3), a court may certify a suit for damages as a class action when “there are questions of law or fact common to the class” that “predominate over any...
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What does Tyson Foods, Inc. v. Bouaphakeo mean for class actions?
The class action plaintiffs’ bar celebrated yesterday’s Supreme Court’s decision in Tyson Foods, Inc. v. Bouaphakeo (pdf), rejecting Tyson’s challenge to class certification. One lawyer called it “a...
View ArticleSupreme Court to Decide Fair Labor Standards Act Case
Employers frequently face “donning and doffing” collective actions under the Fair Labor Standards Act (FLSA). In these lawsuits, plaintiffs accuse employers of failing to pay employees for...
View ArticleSupreme Court Holds that Plaintiff Whose Individual Claims Were Mooted by an...
The Fair Labor Standards Act of 1938 (“FLSA”) permits an employee to file a “collective action” for damages against an employer individually and on behalf of other “similarly situated” employees who...
View ArticleThe Fate of Hollywood Internship Programs May Rest With the Second Circuit
Former interns used to get revenge against their employers by writing tell-all blog posts and memoirs. Now, they’re lending their names to plaintiffs’ lawyers, who then file wage-and-hour class or...
View ArticleDo Employers Have To Pay Unionized Workers For Time Spent Donning and Doffing...
In recent years, one of the hottest types of collective actions against employers under the Fair Labor Standards Act (“FLSA”) is what is commonly called a “donning and doffing claim”—a lawsuit for...
View ArticleSupreme Court to Decide Whether Fair Labor Standards Act Requires...
The Supreme Court makes its biggest headlines when it wades into the biggest issues of the day. But the Supreme Court also maintains a substantial docket of seemingly small—but ultimately...
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Supreme Court to Revisit Class-Certification Standards in Tyson Foods, Inc....
Today, the Supreme Court granted review in what may be a major decision on the standards for class certification, Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146. Under Federal Rule of Civil Procedure 23,...
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