In a recent motion filed in Monroe v. FTS USA, LLC, No. 2:08-cv-02100 (D.E. 441-1), defendants Unitek USA, LLC and its subsidiary, FTS USA, LLC, (collectively “UniTek”) asserted that a $3.8 million judgment awarded to a class of cable technicians should be tossed in light of the Seventh Circuit’s ruling in Espenscheid, v. DirectSat USA, … Continue Reading
In a significant victory for employers, the Eighth Circuit, in Owen v. Bristol Care Inc., No. 12-1719, overturned a Missouri district court ruling that class action waivers were unenforceable in FLSA cases. In September 2011, Sharon Owen brought an action on behalf of herself and other current and former employees similarly situated, against her employer, … Continue Reading
On October 28, 2011, in the wake of the Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) denying class certification to plaintiffs seeking to represent a group of over 1.5 million women in a gender discrimination action against Wal-Mart, Stephanie Odle and six other named plaintiffs filed another action … Continue Reading
American Express Co. (“AMEX”) filed a petition for certiorari on July 30, 2012 after a Second Circuit panel ruled for the third time that the company could not enforce an arbitration agreement containing a class action waiver against a putative class of merchants who pursued antitrust claims. American Express Co. v. Italian Colors Restaurant, No. … Continue Reading
Editors’ Note: This blog post is a dual submission to Baker’s Class Action Lawsuit Defense and Employment Class Action blogs. In Cuevas v. Citizens Financial Group Inc., Case No. 10-cv-5582 (E.D.N.Y. May 2, 2012), the plaintiff brought an action on behalf of all Assistant Bank Managers (“ABMs”) who had worked at one of the 230 Citizens … Continue Reading
Contrary to the Seventh Circuit’s recent decision in McReynolds, in which the Court allowed issue certification in the wake of Wal-Mart, in Puffer v. Allstate Insurance Co., No. 11-1273 (March 27, 2012), the Seventh Circuit affirmed a lower court’s ruling denying certification for female employees who claimed that the Allstate Insurance Company’s (“Allstate”) compensation policies … Continue Reading
