Class Counsel Blog

Showing 5 posts in Supreme Court.

Supreme Court Issues Final Word on Whether Unaccepted Rule 68 Offers of Judgment Moot Putative Class Actions… Or Does It?

Yesterday, the Supreme Court issued a decision in which it held that an unaccepted Rule 68 offer of judgment made to the named plaintiff in a putative class action does not moot the case.  In doing so, the Court seemingly put an end to what was a contentious class action issue—an issue that this blog has followed closely.  Interestingly, however, the Court chose not to decide whether a Rule 68 offer could moot a case if accompanied by a payment in the amount of that offer. Read More ›

Fifth Circuit Joins Split of Authority in Rejecting Rule 68 Offer of Judgment to Moot Class Action

    In Hooks v. Landmark Indus., Inc., No. 14-20496 (8/12/2015), the Court of Appeals for the Fifth Circuit joined a minority of the federal appellate courts in holding that "an unaccepted offer of judgment cannot moot a named-plaintiff’s claim in a putative class action[.]" Slip Op., at 2. Read More ›

Dow Chemical, Tyson Foods, Wal-Mart and Allstate Insurance: Will SCOTUS Clean Up its Class Action Mess?

Will the Supreme Court reiterate its findings in Dukes and Comcast in 4 cases pending before it? Read More ›

Purina Seeks Certiorari Review of Federal District Court’s Ability to Enjoin Parallel State Litigation

Nestle Purina PetCare Company has sought certiorari review from the United States Supreme Court of a Federal District Court’s ability to enjoin parallel state proceedings under the All Writs Act and the Anti-Injunction Act. Nestle Purina PetCare Co. v. Curts, 2015 WL 1250861 (U.S.).  Purina is seeking to reverse the 7th Circuit’s ruling that the District Court’s entry of an injunction against parallel state class litigation while final approval of class settlement is pending was improper. A ruling on this could have a serious impact on how class actions, and particularly class settlements, proceed in the future. Read More ›

Supreme Court Denies Review of Killion v. KeHE Distributors, Leaving The Sixth Circuit Alone In Refusing to Enforce FLSA Collective Action Waivers

On April 6, 2015, the United States Supreme Court declined to review the Sixth Circuit’s opinion in Killion et al. v. KeHE Distributors, LLC, 761 F.3d 574 (6th Cir. 2014), in which the Sixth Circuit refused to enforce Fair Labor Standards Act (FLSA) collective action waivers.  Distinguishing itself from every other Circuit that has addressed FLSA collective action waivers, the Sixth Circuit held that employees may only agree to waive their right to participate in a collective-action so long as they retain the right to individually arbitrate their FLSA claims.  Read More ›

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Attorney Spotlight

Stephen E. Embry is a member of the Firm's class action, privacy and mass tort groups. He frequently defends participants in consumer class actions and mass tort litigation. Stephen is a national litigator and advisor who is experienced in developing solutions to complex litigation and corporate problems.

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