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Dana is of counsel in the Labor and Employment Department in the Los Angeles office of Seyfarth Shaw LLP. Ms. Howells focuses her practice on advising businesses on all aspects of employment relationships from pre-hire screening to terminations and reductions-in-force. Areas of concentration include ERISA and employee benefits, discrimination, wage and hour, contacts, severance, compensation, FMLA and mandated leaves, disability/reasonable accommodations, harassment/internal investigations, privacy and workplace violence prevention. In addition to advising employers on compliance and problem-solving, Ms. Howells has represented employers before administrative agencies, self-regulatory agencies, in jury and bench trials, and before state and federal appellate courts. Depending on the client’s goals, she has resolved many disputes through arbitration, mediation and negotiation.

In the latest installment of a long running saga involving the stainless steel drums in Sears Kenmore clothes dryers,  the U.S. Court of Appeals for the Seventh Circuit utilized the All Writs Act, 28 U.S.C. 1651(a) (link) to halt class action litigation pending in the U.S. District Court for the North District of California, as well as future class actions

Continue Reading Seventh Circuit Enjoins Copycat Class Action

ping_pong.jpgWhat happens when a wage and hour class action, removed to federal court under the Class Action Fairness Act of  2005 (“CAFA”), 28 U.S.C. §§1332(d) and 1453 fails certification as a class action? What if after remand, the same plaintiffs revive the class claims in state court?  A growing number of  federal courts have concluded that if class certification is

Continue Reading Avoiding Endless Jurisdictional Ping Pong