Class Action

In Defense of Class Actions: A Response to Gibson Dunn’s Commentary on the Ten-Year Anniversary of Dukes

In recent companion pieces marking the 10-year anniversary of Wal-Mart Stores v. Dukes,[1] counsel for Wal-Mart celebrated the judicial assault on class actions and urged that it continue,[2] while counsel for the plaintiffs rightly observed that discrimination class actions are not dead yet.[3] As class action practitioners who have represented employees, consumers, tenants, and others, we take this opportunity to respond to the…

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Requirements for Filing a Class Action

A class-action lawsuit gives individuals who experienced an injury because of the illegal actions of a corporation to join together and change the policies as well as receive compensation for their injuries. However, there are certain requirements a class needs to have before its lawsuit can proceed. Here are a few things to keep in mind before proceeding with a…

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What is a Class Action?

When an employee or a group of employees share a common complaint against their employer, they may file a class-action lawsuit against that organization. A class action allows the courts to manage a number of similar claims more efficiently as well as give plaintiffs who may not have pursued a claim before a chance to have their voice heard. There…

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Class Action Seeks to Secure Fair Bond Hearings for Immigrants Amid COVID-19 Pandemic

Earlier this month, U.S. Immigration and Customs Enforcement (“ICE”) reported that Carlos Escobar-Mejia, a 57-year-old Salvadoran man, died in custody at the Otay Mesa Detention Center in California. Mr. Escobar-Mejia was the first reported individual in ICE detention to die from COVID-19. Though Mr. Escobar-Mejia had lived in the U.S. for over 40 years, an immigration judge during a recent bond hearing had…

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Laid Off? Did your Employer Fail to WARN you?

Mass layoffs have unfortunately become an economic reality during the COVID-19 pandemic. Employees should know, however, that federal and New York employment laws can provide important rights for employees who lose their jobs in a mass layoff. The federal Worker Adjustment and Retraining Notification (WARN) Act protects employees of a business with 100 or more full-time workers. An employer who…

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Employee Class Actions: Will the Supreme Court Cut Out the “[H]eart of the New Deal”?

Any day now, the Supreme Court will issue its decision in Epic Systems Corp. v. Lewis,[1] a case that will determine whether employers can force employees to resolve legal claims through individual arbitration, without recourse to class or collective proceedings. Section 7 of the National Labor Relations Act would seem to prohibit such arbitration clauses. Specifically, Section 7 grants employees the right…

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An Epic Decision: Seventh Circuit Shoots Down Employee Arbitration Contract

In a precedent-setting decision late last month, the United States Court of Appeals for the Seventh Circuit deemed an employee arbitration agreement unenforceable on the ground that it violated the National Labor Relations Act (NLRA). The decision is a major win for employees because it recognizes their right to challenge unlawful employment policies and conditions by engaging in collective legal…

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Turn on, Tune In, Opt Out: How Workers Can Resist Unfair Arbitration Agreements

Arbitration agreements are quickly becoming employers’ best and most common defense against class action lawsuits by their employees. As discussed in the recent New York Times article “Arbitration Everywhere, Stacking the Deck of Justice,” in addition to depriving employees of the opportunity to have their claims heard in court, arbitration agreements often waive employees’ right to participate in class actions, a crucial…

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