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|PAGA Representative Claims Remain Alive After SCOTUS Denies Iskanian Review|
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
March 3, 2015, previously published on January 20, 2015This morning, the Supreme Court of the United States declined review of a state supreme court case that has sparked widespread flux in the landscape of class action arbitration waivers in California. In Iskanian v. CLS Transportation Los Angeles, LLC, S204032 (June 23, 2014), the Supreme Court of...
|New Year's Resolutions for the California HR Manager|
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
March 3, 2015, previously published on January 16, 2015So what’s it going to be for 2015? Get up and run three miles every morning? Finally pay off those credit cards? Learn to speak French? Before you finish the list of New Year’s resolutions, consider adding a few on the human resources front. Below are a few recommendations for HR...
|Australian Lawyers with Financial Interest in Litigation Funder Restrained from Acting in Class Action|
John Emmerig, Michael Legg; Jones Day;
February 27, 2015, previously published on January 2015In July 2014, in Melbourne City Investments Pty Ltd v Treasury Wine Estates Limited (No 3)  VSC 340, Ferguson JA of the Supreme Court of Victoria found there was a serious risk of a conflict of interest where a legal practitioner was a sole director and sole shareholder of the lead plaintiff...
|The Question of “Weather” to Sue or Not|
Ted M. Traut; Weltman, Weinberg & Reis Co., L.P.A.;
February 27, 2015, previously published on November 25, 2014First, I must apologize. Not because the title to this post contains a bad pun. But because really, all puns are bad. And I love them anyway.
|Class Action Trends in Virginia: Employment Background Reportsends in Virginia: Employment Background Reports|
Turner A. Broughton, Robert D. Perrow; Williams Mullen;
February 27, 2015, previously published on February 12, 2015Forty percent of the consumer class actions filed in Virginia in 2014 alleging violations of the Fair Credit Reporting Act (“FCRA”) relate to background reports for employment purposes. With one exception, all of the cases are against consumer reporting agencies. The exception is a...
|U.S. Supreme Court Clarifies Procedures for Removal to Federal Court under Class Action Fairness Act|
William J. Anthony; Jackson Lewis P.C.;
February 26, 2015, previously published on December 23, 2014In a divided 5-to-4 opinion, the U.S. Supreme Court has held that defendants seeking to remove a case to federal court under the Class Action Fairness Act (“CAFA”) need only allege in the notice of removal an amount in controversy in excess of the $5 million threshold and need not...
|Foreign Bribery Report Issued by OECD|
Abigail M. Bartine, J. Gregory Deis, Michael D. Frisch, William Michael; Mayer Brown LLP;
February 26, 2015, previously published on December 16, 2014The Organisation for Economic Co-operation and Development (OECD) has released its Foreign Bribery Report, which provides a comprehensive analysis of anti-bribery enforcement actions around the world dating from 1999. The report examines enforcement actions taken by all countries that have enacted...
|The Bitter and Sweet of the Wal-Mart/Comcast/Halliburton Triumvirate: More Grounds for Defeating Class Certification, But More Exposure to Discovery|
Noah Ryan Litton, Chad A. Readler; Jones Day;
February 26, 2015, previously published on January 2015Corporate litigants are still celebrating recent United States Supreme Court victories by defendants in high-profile class-action cases. As they should. After all, the trio of cases, Wal-Mart Stores, Inc. v. Dukes, Comcast Corp. v. Behrend, and Halliburton Co. v. Erica P. John Fund, Inc., mark a...
|SCOTUS Rules CAFA Removal Notices Need Contain Only a Plausible Allegation That Amount in Controversy is Satisfied|
Hera S. Arsen, Rafael G. Nendel-Flores; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
February 25, 2015, previously published on December 15, 2014On December 15, 2014, the Supreme Court of the United States decided a critical issue regarding Class Action Fairness Act of 2005 (CAFA) removals. Specifically, the Supreme Court settled a controversy surrounding what information a removing defendant must provide regarding the CAFA amount in...
|Dole Defeats “All Natural Claims” for Sweet Victory|
Robin A. Achen; Sheppard, Mullin, Richter & Hampton LLP;
February 25, 2015, previously published on December 10, 2014On December 8, 2014, U.S. District Court Judge Lucy Koh of the U.S. District Court for the Northern District of California granted defendant Dole’s motion for summary judgment of the plaintiff’s false labeling claims in Brazil v. Dole Packaged Foods, LLC. The court granted summary...