Searching Content indexed under Class Actions by Ogletree, Deakins, Nash, Smoak & Stewart ordered by Published Date Descending.
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The Beginning Of The End For 401(k) Class Actions? Ninth Circuit Enforces Individual Arbitration
In Dorman v. Charles Schwab Corp., No. 18-15281 (August 20, 2019), the Ninth Circuit Court of Appeals recently held that a 401(k) plan participant was required to individually arbitrate his claims regarding the plan's fees...
United States
2 Sep 2019
Fifth Circuit Rules That Courts, Not Arbitrators, Decide "Gateway Issue" Of Class Arbitrability
In 20/20 Communications, Inc. v. Crawford, the U.S. Court of Appeals for the Fifth Circuit recently ruled that the question of whether a dispute can be arbitrated
United States
15 Aug 2019
California Court Delivers Trucking Company A Meal/Rest Break Win And Limits The Application Of The ABC Test
The U.S. District Court for the Eastern District of California recently ruled in an employment class action regarding misclassification of trucking industry owner-operators as independent contractors.
United States
25 Jul 2019
Offshore Oil Rig Workers' Overtime Claims Governed By FLSA, Not California Law
On June 10, 2019, the Supreme Court of the United States unanimously ruled that state wage and hour laws do not apply to offshore drilling workers where federal law addresses the relevant issue.
United States
21 Jun 2019
Key Takeaways From An ERISA Fiduciary Breach Ruling On Behavioral Standards Of Care After A 10-Day Trial
Behavioral health claims administrators and plan sponsors alike may be looking more closely at their care guidelines—and how they are applied—after a federal court ruled in a California class action
United States
29 Mar 2019
Supreme Court Rules 14-Day Time Limit To Appeal Class Decertification Is "Purposefully Unforgiving"
On February 26, 2019, the Supreme Court of the United States ruled that under Rule 23(f) of the Federal Rules of Civil Procedure (FRCP) ...
United States
11 Mar 2019
Illinois Supreme Court Opens Floodgates For Biometric Lawsuits: Will The Business Community Lobby For Change?
The Illinois Supreme Court issued its long-awaited ruling in Rosenbach and reversed the appellate court's decision that technical violations ...
United States
8 Feb 2019
Seventh Circuit Joins Sister Circuits In Holding That Courts, Not Arbitrators, Should Decide The Availability Of Class Arbitration
In a matter of first impression before the Seventh Circuit Court of Appeals involving an issue left open by the Supreme Court of the United States
United States
1 Nov 2018
Washington State Governor Issues Executive Order Discouraging Arbitration Agreements And Class Action Waivers For Government Contractors
On June 12, 2018, Washington State Governor Jay Inslee issued an executive order that directs Washington agencies to favor government contractors that do not require employees to submit to individual arbitration of claims.
United States
24 Sep 2018
California Class Action Highlights How To Manage An Overtime Policy
How can a company manage its overtime policy in compliance with California law? A recent decision by a federal district court in California certified a class action involving claims of unpaid overtime ...
United States
6 Sep 2018
An Epic Checklist: What To Consider When Adopting Class Action Waivers In Employment Arbitration Agreements
In Epic Systems Corporation v. Lewis, the Supreme Court of the United States held that class action waiver in an employment arbitration agreement are enforceable.
United States
23 Jul 2018
Ninth Circuit Expounds The Meaning Of Compensable Time
When is time compensable under California law? In a recent decision by the Ninth Circuit Court of Appeals, Sali v. Corona Regional Medical Center, the court explained that there are two categories of compensable time
United States
2 Jul 2018
SCOTUS Rules Equitable Tolling Does Not Save Successive Class Action Lawsuits
In the employment context, however, it is uncertain whether it will provide a respite from successive litigation against employers.
United States
13 Jun 2018
Key Takeaways From The Supreme Court's Ruling On Class Action Waivers
On May 21, 2018, the Supreme Court of the United States settled the contentious class action waiver issue that has riled courts for the past six years.
United States
12 Jun 2018
Arbitration Class Waivers Upheld At Supreme Court. (Beltway Buzz – May 25, 2018)
No, this week's edition of the Buzz will not be in #ALLCAPS, but folks in D.C. are certainly excited that their hockey team made it to the Stanley Cup Final.
United States
29 May 2018
The Supreme Court's Decision In Epic Systems: Holdings And Hints On Chevron Deference
The decision this week of the Supreme Court of the United States in Epic Systems Corporation v. Lewis will likely prove important on issues other than the arbitration of labor disputes.
United States
24 May 2018
Supreme Court Issues Pro-Employer Ruling on Class Action Waiver Issue
On May 21, 2018, the Supreme Court of the United States settled the contentious class action waiver issue that has riled courts for the past six years
United States
23 May 2018
Other NLRB Developments – Summer 2017
Here is a brief summary of other noteworthy developments in recent months:
United States
4 Oct 2017
Future Of Class Action Waivers: The Supreme Court Hears Oral Argument
On October 2, 2017, the Supreme Court of the United States heard oral argument in three consolidated cases that will decide the future of class action waivers in the employment context.
United States
3 Oct 2017
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