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|The Supreme Court’s Tyson Foods Ruling and Employee Class Actions|
Michael Scott Arnold, David Barmak, Brent Michael Douglas, Kevin M. McGinty; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
April 28, 2016, previously published on March 28, 2016The US Supreme Court ruled Tuesday that Tyson Foods employees can use representative evidence to establish liability and damages for class certification purposes. The opinion gives the plaintiffs’ class action bar a second victory in the Court’s current term, albeit a far narrower one...
|A New Strategy: An Unconditional Tender to the Named Plaintiff to Moot a Class Action|
Thomas M. Benjamin, Alan H. Goodman; Breazeale, Sachse & Wilson, L.L.P.;
April 21, 2016, previously published on April 2016A strategy which we successfully used recently at an early stage of a class action (before a class was certified) to moot the action was to make payment through an unconditional tender to the named plaintiff for the amount of his individual claim. See Leon v. Blue Bell Creameries, Inc.,...
Formula Revisited: Tyson Foods, Inc. v. Bouaphakeo and the Future of Wage
& Hour Class Actions|
Shea Briana Brack, Michelle L. Ducharme, James M. Nelson; Greenberg Traurig, LLP;
April 14, 2016, previously published on March 28, 2016Some important Supreme Court cases are hard to accurately capture in a sound bite, and this is one of them. In a narrow holding, the Supreme Court issued a 6-2 decision in Tyson Foods, Inc. v. Bouaphakeo, 577 U.S. &under;&under;&under; (2016), addressing class claims for overtime compensation...
|Class Actions in Australia: 2015 in Review|
John Emmerig, Michael J. Legg; Jones Day;
April 5, 2016, previously published on March 20162015 saw the commencement and settlement of class actions in a range of areas: shareholder, investor, consumer, product liability, environment, and government in the Supreme Courts of Victoria and New South Wales as well as the Federal Court of Australia. The Law Reform Commission of Western...
|Limited Liability Communication: Seventh Circuit Limits TCPA Liability for Communications Made by Third-Parties |
Thomas M. Byrne, Juan C. Garcia, Phillip E. Stano, Rocco E. Testani, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
March 24, 2016, previously published on March 24, 2016On March 21, the U.S. Court of Appeals for the Seventh Circuit affirmed a lower court’s ruling that a small business had no liability under the Telephone Consumer Protection Act (TCPA) for fax advertisements sent by a third-party outside the scope of the business owner’s express...
|Tyson Foods v. Bouaphakeo: “Representative” Evidence May Be Used in (Some) Class Actions|
Thomas M. Byrne, Thomas W. Curvin, Matt Gatewood, Patricia A. Gorham, Phillip E. Stano; Sutherland Asbill & Brennan LLP;
March 24, 2016, previously published on March 23, 2016On March 22, 2016, the United States Supreme Court affirmed the certification of a class of Tyson Foods employees under Rule 23(b)(3) and a collective action under the Fair Labor Standards Act (FLSA). The Court held that representative evidence could be allowed to fill an evidentiary gap created by...
|Concurrent Australian Class Actions Allowed to Proceed Due to Different Funding Arrangements and Case Strategy|
John Emmerig, Michael J. Legg; Jones Day;
March 17, 2016, previously published on March 2016Australian Executor Trustees Limited ("AET") was the trustee for holders of debentures issued by Provident Capital Limited ("Provident") under the provisions of Chapter 2L of the Corporations Act 2001 (Cth) (the "Act"). Following the collapse of Provident in 2012, two...
|SEC’s Charges Provide Support for Class Plaintiffs’ Allegations in the Ocwen Securities Litigation|
Kevin Mortimer, Joel D. Rothman; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
February 25, 2016, previously published on February 18, 2016A December 22, 2015 decision of the U.S. District Court of the Southern District of Florida in In re Ocwen Financial Corporation Securities Litigation illustrates the impact that an investigation and order of the Securities Exchange Commission (“SEC”) may have on a plaintiff’s...
|No Class Certification for Nuisance Claimants Based on “Fear of Contamination”|
Ryan C. McKim; Morris Polich & Purdy LLP;
February 23, 2016, previously published on February 11, 2016In Smith v. ConocoPhillips Pipe Line, 801 F.3d 921 (8th Cir. 2015), the Eighth Circuit reversed the district court’s certification of a class action lawsuit brought by landowners against Phillips 66 (“Phillips”) for nuisance. The Eighth Circuit held that “fear of...
|Supreme Court Limits Defendants' Ability to Cut Off Class Actions|
Shawe Rosenthal LLP;
February 16, 2016, previously published on January 29, 2016The U.S. Supreme Court ruled that a settlement offer for complete relief or an offer of judgment (by which a defendant agrees to have a judgment entered against it) to a named plaintiff will not render moot a class or individual action. Although this case, Campbell-Ewald Co. v. Gomez, involved a...