Searching Content indexed under Class Actions by Day Pitney LLP ordered by Published Date Descending.
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SCOTUS Limits American Pipe Tolling To Individual Actions, Resolving Circuit Court Split On Untimely Subsequent Class Actions
When a class action lawsuit is filed in federal court, the statute of limitations applicable to the claims of absent class members is tolled—in essence, the clock is stopped on the running of the limitations period.
United States
13 Jun 2018
Supreme Court Upholds Class Waiver Provisions In Employee Arbitration Agreements
Arbitration generally provides a more speedy and less costly means of resolving disputes. However, those benefits can be lost when a party is confronted with an arbitration involving a class or collective proceeding.
United States
23 May 2018
New Jersey's Truth In Consumer Contract Law Given Additional Clarity In New Ruling
In rejecting certification of two classes due to lack of predominance, the New Jersey Supreme Court held in Dugan v. TGI Fridays, Inc. that the Truth in Consumer Contract, Warranty and Notice Act....
United States
9 Oct 2017
403(b) Plan Sponsors, Beware Of Excessive Fee Litigation
In recent months, a spate of class actions have been brought against more than a dozen major universities that sponsor 403(b) plans.
United States
5 Oct 2016
Supreme Court Short-Circuits Defense Strategy To Pick Off Class Rep
On January 20, the U.S. Supreme Court held in Campbell-Ewald Co. v. Gomez that an unaccepted Rule 68 offer of judgment does not render a plaintiff's action moot, no matter how good the terms of the offer.
United States
27 Jan 2016
NLRB Again Invalidates Arbitration Agreements
The Acevedo decision arises from a lawsuit filed by several employees of Amex Card Services Company (Amex), a subsidiary of American Express.
United States
17 Nov 2015
UCLA Breach Class Action: Caution For Connecticut Hospitals
Although Connecticut does not have a broad confidentiality statute like the CMIA, the Connecticut Supreme Court held last year that the HIPAA privacy standards can be used to establish the standard of care required...
United States
28 Jul 2015
Supreme Court Issues Important Securities Class Action Decision
On June 23, the U.S. Supreme Court issued its much-anticipated decision in Halliburton Co. v. Erica P. John Fund, No. 13-317, 573 U.S. __ (2014) ("Halliburton").
United States
25 Jun 2014
Supreme Court Defines "Changing Clothes" Under FLSA
On January 27, the United States Supreme Court decided Sandifer v. U.S. Steel Corp., which concerns the meaning of the phrase "changing clothes" in Section 203(o) of the Fair Labor Standards Act (FLSA).
United States
30 Jan 2014
A Win For Starbucks In Second Circuit Tip-Sharing Class Action
On November 21, 2013, the Second Circuit affirmed a Southern District of New York decision granting summary judgment to Starbucks in a class action that alleged shift supervisors had inappropriately participated in tip-sharing with baristas.
United States
3 Dec 2013
NLRB Judge Invalidates Class Action Waiver In Arbitration Agreement
The Cellular Sales NLRB decision was preceded by the filing of a class action lawsuit in November 2012 in the United States District Court for the Western District of Missouri.
United States
27 Sep 2013
Victories In Stock Drop Cases Support Careful Selection Of Plan Fiduciaries
Two recent decisions from the U.S. Court of Appeals for the Second Circuit (encompassing New York, Connecticut and Vermont) highlight the benefit of keeping plan fiduciaries and high-level corporate decision-makers separate and distinct in order to limit fiduciary liability under the Employee Retirement Income Security Act of 1974 ("ERISA") for retirement plans offering investments in employer stock.
United States
1 Aug 2013
Supreme Court’s Antitrust Holding Might Dispose Of Labor Board’s D.R. Horton Decision
D.R. Horton Inc. has added a new argument to its appeal of the divisive National Labor Relations Board holding that employers may not require employees to waive their rights to arbitrate their employment claims as a class action.
United States
11 Jul 2013
Massachusetts High Court Weighs In On Validity Of Class Action Waivers In Arbitration Agreements
In 2003, John Feeney and Dedham Health Athletic Complex filed a class action against Dell, claiming Dell's collection of sales taxes on certain service contracts constituted unfair or deceptive trade practices in violation of Chapter 93A of the Massachusetts General Laws.
United States
24 Jun 2013
SDNY Relies On Moench And In re CitiGroup ERISA Litigation To Find For Fiduciaries In Stock-Drop Cases
Two recent decisions issued by the Southern District of New York ..
United States
20 Apr 2013
Gov. Christie Signs Legislation Amending NJ Business Corporation Act
On April 1, Gov. Chris Christie signed legislation amending the New Jersey Business Corporation Act. The legislation was drafted by the New Jersey Corporate and Business Law Study Commission.
United States
7 Apr 2013
Second Circuit Clarifies Law Regarding FLSA Overtime And Gap-Time Claims
In a March 1, 2013 decision in Lundy v. Catholic Health System of Long Island Inc., the Second Circuit resolved two questions of first impression concerning the Fair Labor Standards Act ("FLSA").
United States
14 Mar 2013
Overtime Collective Action Thrown Out By Judge
Judge Vincent Briccetti of the U.S. District Court in White Plains, New York, recently dismissed a purported collective action filed by Tiffany Ryan, a former assistant branch manager at JPMorgan Chase. Ryan sued Chase in June 2012 claiming that she was misclassified as an exempt employee and denied overtime pay in violation of the Fair Labor Standards Act.
United States
12 Mar 2013
Memorandum Circulated By Employer Provides Basis For Retaliation Claim
The New Jersey Superior Court – Appellate Division recently held that summary judgment was inappropriate on a former employee’s CEPA claim where the employee claimed he was subjected to a hostile work environment and had his hours reduced after filing a class action lawsuit.
United States
2 Jan 2013
NLRB ALJs Invalidate Class Action Waivers
In two recent decisions, National Labor Relations Board Administrative Law Judges held employees’ class action waivers invalid.
United States
15 Nov 2012
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