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Seventh Circuit Bucks the Trend, Holding That Class and Collective Action Waivers in Employee Arbitration Agreements Violate the NLRA

In Lewis v. Epic Systems Corp., No. 15-2997 (7th Cir. May 26, 2016) (slip op.), the Seventh Circuit held that class and collective action waivers in arbitration agreements are not enforceable because they violate the National Labor Relations Act (NLRA), 29 U.S.C. §§ 151 et seq. In so doing, the court created a circuit split … Continue Reading

Tyson Foods, Inc. v. Bouaphakeo: The Supreme Court Declines to Rule Out Representative Evidence in Class Actions

In Tyson Foods, Inc. v. Bouaphakeo, 577 U.S. __ (2016), the Supreme Court considered whether a case could proceed as a class action under Rule 23(b)(3) when the plaintiffs relied upon statistical, representative evidence to show both the existence of injury and damages. On Tuesday, in a 6-2 decision, the Supreme Court held that the … Continue Reading

California Supreme Court Pounds Another Nail into the Coffin of “Trial by Formula” in Class Actions

Editor’s Note: This blog post was originally posted on ClassActionBlawg.com. It is reproduced with permissions. The California Supreme Court issued its long-awaited decision in Duran v. U.S. Bank National Association yesterday, addressing the use of statistical sampling as a way of evaluating aggregate liability and damages in a class action. Although Duran is a wage … Continue Reading

Nevada Court Blesses Plaintiff’s Counsel Use of Facebook and Twitter to Advertise Pending Collective Action

The District of Nevada recently allowed Plaintiff’s counsel to solicit potential collective action members on Facebook and Twitter. In Gamble v. Boyd Gaming Corp., D. Nev., No. 2:13-cv-01009-JCM-PAL (Nov. 20, 2013), the plaintiff brought a collective action under the Fair Labor Standards Act on behalf of defendant’s employees that were allegedly required to work “off … Continue Reading

Second Circuit Enforces Class Action Waiver in FLSA Case Under AMEX

Editors’ Note:  This post was previously published on Baker’s Employment Class Action blog, and is reprinted with permission. The Sutherland v. Ernst & Young case raised a now familiar question and the Second Circuit gave an answer in keeping up with recent U.S. Supreme Court precedent.  The question was whether an employee could invalidate a … Continue Reading
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