A Tale of Attorneys’ Fees

The backdrop is simple:  Mistras Group operates a business that evaluates the structural integrity of energy, industrial and public infrastructure.  Two plaintiffs brought a class and collective action against Mistras in the Northern District of California, alleging violations of California’s Labor Code and the federal Fair Labor Standards Act.  They claimed they were not paid for time spent training for and traveling on business and sought to represent “current and former non-exempt hourly employees who worked” for Mistras “as examiners and technicians.”   Continue reading “A Tale of Attorneys’ Fees”

Class Certification Upheld in Ohio “Noxious Odors” Lawsuit

Plaintiffs, seven in all, resided in Garfield Heights, Ohio.  They sued various defendants, including the City of Garfield Heights, alleging “that noxious odors in their neighborhood affected the use and enjoyment of their properties.”  The odors, they claimed, resulted from the redevelopment of land that had decades earlier been used as a landfill.  Plaintiffs contended that in 2002, waste materials that had previously been deposited at the landfill “were disturbed as developers explored ideas for using the property.”  The property eventually became a shopping center. Continue reading “Class Certification Upheld in Ohio “Noxious Odors” Lawsuit”

Supreme Court Postpones Consideration of Class Action Waivers Until 2017 Term

In one of our previous posts, we highlighted that the United States Supreme Court granted review to address the legality of class action waivers in arbitration agreements among employers and employees.  The case, NLRB v. Murphy Oil USA, Inc., U.S., No. 16-307, was consolidated for oral argument purposes with two other similar cases that were granted review, Ernst & Young, LLP v. Morris, No. 16-300 and Epic Systems Corp. v. Lewis, No. 16-285.   Continue reading “Supreme Court Postpones Consideration of Class Action Waivers Until 2017 Term”

Proposed Federal Legislation Would Rewrite Class Action Law

On February 9, 2017, Rep. Bob Goodlatte (R-VA) introduced H.R.985 in the U.S. House of Representatives.  The Bill is titled “To amend the procedures used in Federal court class actions and multidistrict litigation proceedings to assure fairer, more efficient outcomes for claimants and defendants, and for other purposes.”  Its text can be found here:  https://goo.gl/I3iiS3.  If passed in its current form, the new statute would be called the “Fairness in Class Action Litigation Act of 2017.”  Rep. Goodlatte is the same legislator who introduced the Class Action Fairness Act in the House in 2005. Continue reading “Proposed Federal Legislation Would Rewrite Class Action Law”

Eighth Circuit Vacates Data Breach Class Action Settlement; Gently Rebukes Trial Court

Target Corporation announced a data breach in 2013, which occurred, as it noted in an SEC filing, when “an intruder stole certain payment card and other guest information from  [its] network.”  Estimates as to the number of affected customers varied, but all agreed it was huge:  deep into the millions. Continue reading “Eighth Circuit Vacates Data Breach Class Action Settlement; Gently Rebukes Trial Court”