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October 28, 2020
Posted in  Daubert and Admissibility at Class Certification

Class Action Lawsuit Against Major League Baseball, Ninth Circuit Decision

In the past five years, approximately two-thirds of companies faced at least one labor and employment class action, and within this category, companies overwhelmingly reported that wage and hour matters were of top concern. To defeat class certification by employees, companies commonly utilize two strategies. The first is showing that […]

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September 29, 2020 Emily M. Melvin
Posted in  Ascertainability

In Blow to Gig Economy, Third Circuit Rules Shoddy Records are No Bar to Class Certification

Gig economy companies increasingly face class action lawsuits brought by their workers. Uber, Lyft, Instacart, Doordash, and Amazon, to name a few, have confronted multiple lawsuits alleging the companies misclassified employees as independent contractors. While the merits of these claims are vigorously debated in the courtroom, legislature, and public arena, […]

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August 31, 2020 Joseph D. Hammond
Posted in  Pick-Off Exception

North Carolina limits defendants’ ability to “pick off” class claims.

Disclaimer:  inside baseball, and also baseball, contained within. In baseball’s version of the “pick-off,” a baserunner is caught standing too far from base and tagged out.  In the legal world, defendants sometimes “pick off” a class action by mooting the named plaintiff’s individual claim before a class has been certified.  […]

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