Opalinski v. Robert Half Int’l Inc., 761 F.3d 314 (3d Cir. 2014). In this case under the Fair Labor Standards Act, 29 U.S.C. §201 et seq. (“FLSA”), plaintiffs signed employment agreements that contained an arbitration clause. That clause stated that “[a]ny ...
Halliburton Co. v. Erica P. John Fund, Inc., ___ U.S. ___ (2014). In general, in a securities fraud case under section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. §78j(b), plaintiffs must show reliance on a defendant’s misrepresentation ...
Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013), severely restricted class certification in cases that involve products of whose purchasers selling defendants do not keep records. That is the case with many consumer goods that are sold at retail, ...
Thompson v. Real Estate Mortgage Network, 748 F.3d 142 (3d Cir. 2014). This opinion, issued today by Judge Vanaskie, is an important one in that it clarifies the pleading standards in the context of a motion to dismiss a complaint ...
Some dubious legislation, like a bad penny, keeps coming back on the scene. For a number of years, a bill that would allow appeals as of right of orders granting or denying certification or decertification of a class action has ...
For many months, the class action defendants’ lobby has highlighted two Circuit Court opinions as the latest poster boys in a campaign whose ultimate goal is to abolish class actions. In those cases, the courts independently certified nationwide classes of ...
Dewey v. Volkswagen, A.G., 2014 U.S. App. LEXIS 2596 (3d Cir. Feb. 12, 2014). In Dewey v. Volkswagen, A.G., 681 F.3d 170 (3d Cir. 2012), the Third Circuit reversed approval of a class action settlement in a case involving allegedly ...
Caporusso v. New Jersey Dep’t of Health & Senior Services, 434 N.J. Super. 88 (App. Div. 2014). The prerogative writ of mandamus is the centerpiece of this opinion by Judge Lihotz. Plaintiffs, on behalf of a putative class, sued the ...
In each of the past two years, I have been a speaker on a Strafford Publications webinar titled “Class Action Settlement Objectors: Minimizing and Defending Challenges by Professional Objectors, Government Officials, and Public Interest Groups.” That webinar will be presented ...
Eastman v. First Data Corp., 736 F.3d 675 (3d Cir. 2013). Federal Rule of Civil Procedure 23(f) permits the losing party on a motion to certify a class, whether plaintiff or defendant, to petition for review of the district court’s ...