9th_Cir_seal.jpgCo-authored by Brandon McKelvey and Fred Sanderson 

Citing the Supreme Court’s recent decision in Dukes v. Wal-Mart, on December 30, 2011, the Ninth Circuit vacated its prior decision reversing a district court’s denial of class certification under Federal Rule of Civil Procedure 23(b)(2). The Ninth Circuit’s unpublished memorandum in Sepulveda v. Wal-Mart Store, Inc., indicates that the Supreme

Continue Reading Ninth Circuit Changes Course On Class Certification Ruling In Light Of Dukes

2d Cir.pngAuthored by Robert Whitman

“Hybrids” are not just popular with Prius owners.  Plaintiffs’ wage-and-hour lawyers frequently bring collective and class action lawsuits that assert violations of the Fair Labor Standards Act and state wage laws in the same case based on the same basic set of facts – so-called “hybrid” actions.  While the tactic has been prevalent for years, its

Continue Reading Want to Buy a Hybrid? The Second Circuit is Now Open for Business

gavelsc.jpgCo-authored by Andrew Paley and Kevin Young

In the six weeks since the Supreme Court’s monumental decision in Dukes v. Wal-Mart, the FLSA arena has been abuzz with speculation as to whether the decision’s rationale can be used to defeat large-scale FLSA collective actions as early as the conditional certification stage.  On July 22, 2011, in an order denying conditional

Continue Reading Dukes Goes Marching In: Federal District Court Looks to Dukes v. Wal-Mart in Denying FLSA Conditional Certification

gavel.jpgAuthored by Brandon McKelvey

Relying on the Supreme Court’s recent decision in Dukes v. Wal-Mart, a federal judge in California decertified a class of Dollar Tree store managers claiming they were misclassified as managers under California law.  The Supreme Court’s decision in Dukes, as well as recent Ninth Circuit decisions in employment class action cases, persuaded the court

Continue Reading Dollar Tree Class Whittled Down to Nothing