Ninth Circuit Court of Appeals

Authored by Arthur J. Rooney

It seems like every few months we’re writing about another pro-arbitration decision.  A few months ago, for example, we wrote about the Supreme Court’s decision in American Express Co. v. Italian Colors Restaurant, which held that class action waivers in arbitration agreements are enforceable under the Federal Arbitration Act (FAA) even if individual arbitration
Continue Reading Employers Still Need To Be Conscious Of Unconscionable Arbitration Provisions

Co-authored by Sheryl Skibbe and Kevin Young

With last week’s denial of the plaintiffs’ request for a full panel rehearing in Wang v. Chinese Daily News [here], the Ninth Circuit reminds us that the Supreme Court’s ruling in Walmart v. Dukes provides valuable ammunition against wage and hour class actions of all sizes.

In March 2004, three employees
Continue Reading Big or Small, Ninth Circuit Confirms That Dukes Must Be Considered in All Wage and Hour Class Actions

Co-authored by Brandon McKelvey, Tim Nelson, and Robb McFadden

If class certification is denied, can a plaintiff’s lawyer simply find a new representative plaintiff, file a new class action, and take another stab at class certification? 

This was the situation WinCo Foods faced after defeating class certification in Gales v. WinCo Foods [here], an assistant manager
Continue Reading How to Kill a Copycat Class Action

Ninth Circuit.jpgCo-authored by Andrew Paley and Patrick Ryan

As we posted last month [here], district courts throughout the country have indicated that the Supreme Court’s recent decision in Comcast Corp. v. Behrend makes it harder for plaintiffs to pursue wage and hour claims as class actions.   Earlier this week, the Ninth Circuit issued a decision that some commentators have

Continue Reading Ninth Circuit Reverses Denial of Class Certification Where Determining Damages is A Purely Mechanical Exercise

Seyfarth_Logo.jpgCo-authored by Loren Gesinsky and Scott Rabe

Employers across the country are in the midst of planning, decorating, and reveling in good cheer as they prepare to enjoy — or perhaps already did enjoy — an office holiday party.

While most employment attorneys and human resources professionals appreciate the potential morale-building of office holiday parties — and do not want

Continue Reading Don’t Be Scrooged: Wage & Hour Tips To Help Employers Avoid Holiday Party Humbug

Ninth Circuit.jpgCo-authored by David Kadue and Julie G. Yap

On Tuesday, an en banc panel of the Ninth Circuit heard oral argument regarding whether California’s rule against compulsory arbitration for claims of public injunctive relief was preempted by the Federal Arbitration Act (“FAA”) in Kilgore v. KeyBank NA.  As we reported in March of this year, a three judge panel

Continue Reading En Banc Ninth Circuit in the Ring to Confront the Enforceability of Class Action Waivers, but Appears Unwilling to Deliver the Knock-Out Punch

bduking.jpgCo-authored by Richard Alfred and Kevin Young

It has been more than a year since the Supreme Court’s landmark ruling in Wal-Mart Stores, Inc. v. Dukes, and its impact on wage and hour class actions remains hotly debated.  While plaintiffs’ attorneys have argued that the decision is limited substantively to discrimination cases and procedurally to Rule 23(b)(2) class actions

Continue Reading Still Duking it Out: Ninth Circuit Considers Impact of Dukes on Wage and Hour Class Actions

380484-mighty-pen-duel.jpgAuthored by Laura Reathaford

Employers considering a Rule 68 Offer of Judgment in order to moot class certification must think again at least in the Ninth Circuit where the Court of Appeals has ruled that unaccepted Rule 68 offers do not moot class claims even if those offers are made before the lead plaintiff has timely moved for class certification.

Continue Reading The Rule 68 Pen Is Not Mightier Than The Class Certification Sword: The Ninth Circuit Holds That Unaccepted Rule 68 Offers Will Not Moot Class Certification