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Show: results per page Sort by:  | New Appellate Decision Applies Brinker to Require Certification of Certain Meal and Rest Claims
Thomas R. Kaufman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article May 16, 2013, previously published on May 13, 2013 On Friday afternoon, the Fourth Appellate District, Division 3 (Orange County) decided Faulkinbury v. Boyd & Associates (Faulkinbury II). This was a meal period, rest period, and overtime class certification decision in which the trial court had previously denied certification and the Court of...
| | Plaintiffs' Bar is Whistling Past the Graveyard on Comcast
Thomas R. Kaufman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article April 3, 2013, previously published on April 2, 2013 As many readers of this blog know by now, last week the Supreme Court issued yet another anti-class certification decision in Comcast Corp. v. Behrend (“Comcast”). While the full scope and meaning of the Court’s holding is subject to interpretation by the lower courts, a central...
| | Supreme Court Ruling Reverses Bad 9th Circuit Precedent on CAFA
Thomas R. Kaufman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article March 26, 2013, previously published on March 20, 2013 On March 19, 2013, the U.S. Supreme Court handed down Standard Fire Insurance v. Knowles, a short, narrow, and unanimous opinion addressing removal of class actions to federal court under the Class Action Fairness Act (“CAFA”). The central holding of the case is that a district court...
| | New 7th Circuit Opinion Explains Plaintiff's Obligation to Have a Trial Plan to Maintain Class Certification
Thomas R. Kaufman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article February 7, 2013, previously published on February 6, 2013 On February 4, 2013 in Espenscheid v. DirectSat USA, LLC , a Seventh Circuit panel unanimously affirmed a Wisconsin District Court judge's decision to decertify a large off-the-clock overtime class action. Judge Richard Posner wrote the opinion affirming the decertification and, in his inimitable...
| | Plaintiffs Must Offer "Significant Proof" Of A Common Policy Or Practice To Satisfy Commonality Under Rule 23 Post-Dukes
Jason Guyser, Thomas R. Kaufman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article February 7, 2013, previously published on February 1, 2013 On January 28, 2013, Hon. George King of the United States District Court for the Central District of California issued an order in Pedroza v. PetSmart, Inc. denying class certification of exempt misclassification claims brought by a former PetSmart store manager. The opinion is interesting in that...
| | Appellate Panel Tries to Draft a Roadmap for the California Supreme Court to Save California's Prohibition of Class Action Waivers from U.S. Supreme Court Precedent
Thomas R. Kaufman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article December 5, 2012, previously published on November 30, 2012 The battle for how the landmark arbitration decision Concepcion v. AT&T Mobility (“Concepcion”) should be construed in California continues with Monday’s issuance of Franco v. Arekelian Enterprises, Inc. (“Franco II”). Division One of the Second District Court of...
| | Cal Court Of Appeal Hands Sheppard Mullin A Victory - Affirms Denial Of Class Certification In An Expense Reimbursement/Uniform Action
Thomas R. Kaufman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article November 16, 2012, previously published on November 11, 2012 On November 7, 2012, the First District Court of Appeal published an order affirming the denial of class certification entered in favor of Sheppard Mullin’s client, Wet Seal, Inc, in a case alleging that Wet Seal forced its employees to purchase clothing as a condition of employment and...
| | California Court Holds That California Follows Federal Law On Time Clock Rounding
Thomas R. Kaufman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article November 8, 2012, previously published on October 31, 2012 In See's Candy Shops v. Superior Court, the Fourth District Court of Appeal, Division One (San Diego) reversed an entry of summary adjudication that had been entered in the plaintiff's favor in a certified wage/hour class action. The key issue for the Court of Appeal was whether employers in...
| | California Appellate Court Continues The Trend Of Accepting Concepcion Standards In California
Thomas R. Kaufman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article August 16, 2012, previously published on August 14, 2012 On August 13, 2012, the California Court of Appeal for the Fourth District (San Diego), published its decision from a few days earlier in Truly Nolen of America v. Superior Court. The case is yet another example where an appellate court considered the impact of the landmark United States Supreme...
| | After Reversal by California Supreme Court, Court of Appeal Reissues Unfavorable Ruling in "Administrative Exemption" Case
Thomas R. Kaufman, Tina Rad; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article August 3, 2012, previously published on August 1, 2012 Employers breathed a sigh of relief when the California Supreme Court issued its December 29, 2011 ruling reversing the Court of Appeal's decision in Harris v. Superior Court ("Harris I"). But in a disturbing development this week, the Court of Appeal on remand stuck to its prior holding...
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