Labor Days
The Justice Department Really Doesn’t Like Coupon Settlements (But They Still Can Work)
It’s no secret that the Justice Department and state Attorneys General don’t like coupon settlements in class actions. Since 2007, groups of state AGs have been objecting regularly to coupon settlements that would…
Understanding “Ascertainability” in Class Actions Now that the Second Circuit Has Said “No” To It.
On Friday, the Second Circuit Court of Appeals’ decision in In re Petrobras Securities refused to adopt what it called a “’heightened’ two-part ascertainability test in class action cases. The Second Circuit agreed…
Who's Still "Standing" Following Spokeo, Inc. v. Robins?
From the first month of district court decisions issued since the United States Supreme Court decided Spokeo, Inc. v. Robins, No. 13-1339, 2016 WL 2842447, *3 (U.S. May 16, 2016), it appears the needle on Article III…
Supreme Court Limits Wal-Mart, Approves Representative Proof in Employee Class Actions
In a highly anticipated decision, the Supreme Court last week affirmed a $5.8 million judgment against Tyson Foods and held that damages in a class action can be established by “statistical sampling” – a phrase that…
Retailers Should Beware Of Lawsuits Concerning Their Background Check Processes
The employee notice requirements of the Fair Credit Reporting Act (“FCRA”) at times seem like form over substance – but recent litigation underscores that, well, filling out the forms really does matter. The craft…