Tag Archives: wage and hour

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

Photo of Brian NoethlichBy Brian Noethlich on Posted in Employment
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

Photo of Paul KarlsgodtBy Paul Karlsgodt on Posted in Class Action Trends, Employment
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

The Words Matter: No Insurance Coverage for Wage and Hour Class Action

By Judy Selby on Posted in Insurance
Despite finding that the syntax in its Employment Benefits Liability (EBL) endorsement was “not the best,” a California court of appeal held that Mid-Century Insurance Company did not owe a defense or indemnity to eight car dealerships for class action wage and hour claims brought by auto mechanics.  Mid-Century Insurance Company v. Robert Zamora et … Continue Reading

Insurance Coverage for Class Action Lawsuits

By Judy Selby on Posted in Insurance, Practice Pointers
Upon learning that his obituary had been published in the New York Times, Mark Twain famously quipped, “Reports of my death have been greatly exaggerated.”  The same can be said about class action lawsuit filings after the Supreme Court’s decisions in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) (plaintiffs required to show … Continue Reading
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