A special section of our site dedicated to class actions, collective actions, and impact litigation. Featuring selected court cases, news stories, firms, case websites, and cy pres awards.
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In the Courts
In the News Featured Firms Case Websites Cy Pres Awards |
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In the Courts
Budrow v. Dave & Buster's of California, Inc.
California Court of Appeal, Second Appellate District, Division 8 | Decision Date: March 2, 2009
In a class action suit, trial court's grant of defendant's motion for summary judgment is affirmed where: 1) bartenders employed by defendant may participate in tip pools established pursuant to the Labor Code, as the Code does not distinguish between direct and indirect table service or limit tip pools to employees providing direct table service; and 2) plaintiff cannot maintain his action under the Business and Professions Code, as it is predicated solely on the alleged illegality of defendant's tip pool. Read the decision.
Franco v. Athens Disposal Co., Inc.
California Court of Appeal, Second Appellate District, Division 2 | Decision Date: March 10, 2009
In a class action suit, trial court's grant of defendant's petition to compel arbitration based on a written agreement is reversed where: 1) the class arbitration waiver in the agreement was unconscionable with respect to the alleged violations of the meal and rest period laws given the modest size of the potential individual recovery, the potential for retaliation against members of the class, and the fact that absent members of the class may be ill informed about their rights; and 2) the arbitration agreement is unconscionable as it prevents plaintiff from acting as a private attorney general and seeking civil penalties on behalf of other employees, conflicting with the Private Attorneys General Act of 2004. Read the decision.
In the News
Wal-Mart En Banc Session Packs House
A feisty 9th U.S. Circuit Court of Appeals peppered lawyers for Wal-Mart and a gigantic class suing over gender discrimination, with neither side emerging Tuesday as the clear victor. Read the full story.
9th Circuit Deals a Blow to Plaintiffs Lawyers in 'Principal Place of Business' Test
In a blow to plaintiffs class action lawyers, the 9th U.S. Circuit Court of Appeals has made it tougher to hold that a national company is a "citizen" of California merely based on the disproportionate size of the state's population. Read the full story.
Construction workers win $8.5-million settlement
Thousands of mostly Latino workers will share in an $8.5-million settlement with a national construction firm they had accused in a class-action lawsuit of violating California's wage and hour laws, attorneys in the case said Tuesday. Read the full story.
Pay Equity: Will Lilly Help Betty?
Two women willing to insist — for more than eight years running — on their right to equal pay for equal work have generated considerable publicity. Their persistence may help explain a 14 percent increase in sex-discrimination charges filed with the Equal Employment Opportunity Commission in 2008 — a noticeable jump from preceding years. Read the full story.
American Idol producer hit with lawsuit
Former employees have filed a class-action lawsuit against "American Idol" producer FremantleMedia North America. The suit alleges that the company systematically overworked employees without paying the required overtime, falsified time cards and denied staffers meals and rest periods. Read the full story.
EEOC Reverses Stance on Wal-Mart Class in Gender Bias Case
The federal government got off the sidelines Thursday to throw a few blocks for plaintiffs in a huge gender class action against Wal-Mart. The move is a reversal by the U.S. Equal Employment and Opportunity Commission, which had previously decided to sit the case out. Read the full story.
Featured Firms
The Law Offices of Jonathan Biddle
The Law Offices of Jonathan Biddle offers legal assistance and advises in the following area of employment law: * Investigation and resolution of employment disputes; * Negotiation of employment contracts and separation agreements; * Individual and class action wage and hour cases; * Litigation of employment case in Court and before a jury. We value most highly the trust given to our firm by those parties asking for our legal assistance. We pride ourselves in providing individualized attention to every client who retains our services. Visit our website at www.jonathanbiddlelaw.com/.
The Tinkler Law Firm is an experienced law firm helping people who have suffered physical or emotional injury as a result of the negligence or intentional conduct of others. The Tinkler Law Firm helps those who have been sexually abused or sexually harassed, suffered employment discrimination (sex, race, age, religion or disability), been damaged as a result of professional, medical or nursing home malpractice, or suffered injuries resulting from exposures to chemicals, pesticides, mold or other environmental toxins. Visit our website at tinklernm.com/.
The Impact Fund is a public foundation dedicated to providing representation, technical assistance and funding for complex, public interest litigation. Through our grants, trainings, and programs, we seek to address systemic problems of social and environmental injustice, human and civil rights and poverty. The Impact Fund's Equal Justice Litigation Program provides direct litigation support as co-counsel and amicus counsel in public interest, class action cases. Our legal team provides advice and counseling on procedural, trial, settlement, attorneys fees and related issues that arise in large scale, public interest litigation, such as class actions. We also conduct training programs and conferences. Visit our website at www.impactfund.org/.
Lewis, Feinberg, Lee, Renaker & Jackson
Lewis, Feinberg, Lee, Renaker & Jackson, P.C. (formerly Lewis, Feinberg, Renaker & Jackson, P.C. and Lewis & Feinberg, P.C.) specializes in ERISA pension and employee benefits law involving retirement plans (including 401(k) plans) and disability, health and other welfare benefit plans, and related areas of federal and state law. Since 1975, members of our law firm have engaged in litigation and consulting work throughout the United States on behalf of employees and retirees, plans, trustees, and other fiduciaries, employers, unions and service providers. Visit our website at www.lewisfeinberg.com.
Cohen, Milstein, Sellers & Toll
For over 37 years, Cohen Milstein Sellers & Toll PLLC has been a pioneer in plaintiff class action lawsuits on behalf of victims of such abuses. By creating a group or class, individuals join to fight companies in court and enhance their ability to fight corporations who often have larger resources. As one of the premier firms in the country handling major complex class actions, Cohen Milstein, with more than 50 attorneys and offices in Washington, D.C., New York, Philadelphia, Chicago and London, is a firm that specializes in cases concerning: Antitrust; Securities Fraud/Investor Protection; Civil Rights & Employment; Consumer Protection; Employee Benefits; Unsafe Drugs & Environmental Health Threats; International Antitrust, Securities, Human Rights and Unsafe Drugs & Environmental Health Threats. Visit our website at www.cmht.com/.
Case Websites
Fifth Annual Workplace Class Action Litigation Report
http://www.reuters.com/article/pressRelease/idUS187739+13-Jan-2009+BW20090113
The fifth Annual Workplace Class Action Litigation Report by Seyfarth Shaw LLP, one of America`s leading full-service law firms, analyzes the foremost class action and collective action decisions of 2008 involving claims against employers in federal and state courts. The key class action and collective action settlements over the past year are also analyzed, both in terms of gross settlement dollars in private plaintiff and government-initiated lawsuits, as well as injunctive relief provisions in consent decrees. Seyfarth Shaw`s fifth Annual Workplace Class Action Litigation Report analyzes 650 decisions in its comprehensive examination of class action litigation.
Year-End Update on Class Actions
http://www.gibsondunn.com/Publications/Pages/Year-EndUpdateOnClassActions.aspx
Class action lawsuits are an increasingly pervasive force in today's business world. Defending and defeating these cases efficiently and prudently is a top priority for many in-house legal teams and their outside counsel. This year-end update reports on key trends in class action practice. It provides an overview of Rule 23, reviews key class action decisions from 2008, and identifies important class action issues likely to be litigated in 2009 and in the years ahead.
Employment Discrimination Plaintiffs in Federal Court: From Bad to Worse?
http://www.hlpronline.com/Vol3.1/Clermont-Schwab_HLPR.pdf
http://www.walmartclass.com/public_home.html
Attention - present and former female employees of Wal-Mart or Sam's Club: * Have you been denied career opportunities in management? * Have you been denied equal pay for equal work? * Have you been getting the run-around about promotions or raises? * Have you hit the glass ceiling? If you worked for Wal-Mart at any time since December 26, 1998, you may have legal claims in a class action sex discrimination lawsuit against Wal-Mart.
Cy Pres Awards
Ohio Lawyers Give Back was founded by Dworken & Bernstein Co., L.P.A. to promote the use of cy pres in class action settlements. When a class action is settled, plaintiff and defendant agree to a fund amount to pay all class members. Since many class members have moved, passed-away, or can't be found, millions of settlement dollars go unclaimed. That settlement money is intended to benefit the class—rather than revert to the wrongdoing defendant—so the ancient doctrine is now being used to distribute the unclaimed money to charities and non profits.
California Meal and Rest Break Class Action (Cohelan, Khoury & Singer)
In January 2009, Workplace Fairness received nearly $16,000 in funds directed by Diana Khoury and Michael Singer of Cohelan, Khoury & Singer, in San Diego, California. The law firm represented workers in a class action against a retailer, alleging that the employer failed to provide rest and meal breaks or to compensate workers in lieu of their breaks. After distribution of the confidential settlement to eligible workers, $15,932.68 in unclaimed funds was given to Workplace Fairness. This marks the third distribution of cy pres funds by Cohelan, Khoury & Singer to Workplace Fairness.
Leonard v. Southtec (Sanford, Wittels & Heisler LLP and Jerry Gonzalez, PLC)
David Sanford of Sanford, Wittels & Heisler LLP and Jerry Gonzalez, PLC successfully prosecuted a class action case against L&W Engineering and Southtec, Inc. in the U.S. District Court for the Middle District of Tennessee, Case No. 3:04-0072. The allegations were that Southtec, a subsidiary of L&W Engineering, systematically excluded African Americans and Hispanics from consideration for employment and promotion. After much litigation, the parties were able to mediate the case and the defendants entered into a consent decree and agreed to pay a confidential amount in settlement of all claims. 143 claims for wrongful discrimination based upon race or ethnic origin were paid out, and a remainder reserved for a cy pres award to nonprofit organizations which advocate for the rights of employees. Workplace Fairness received an award in the amount of $32,568.41.
Martin v. Grange Mutual Insurance Co. (Dworken & Bernstein Co., L.P.A.)
Dworken & Bernstein Co., L.P.A., and Grange Insurance announce that an unclaimed portion of a consumer class action lawsuit has been donated to Workplace Fairness, a national organization educating workers about their legal rights. The 1994 consumer class action suit [Martin v. Grange Mutual Insurance Co.] alleged that consumers were incorrectly charged for uninsured motorist insurance.
