Ascertainability in Flux: Who’s in and who’s out
A recent decision by the Seventh Circuit Court of Appeals signals a growing divide among the circuits over the “ascertainability” question in class actions. In Mullins v. Direct Digital, LLC, No. 15-1776, — F.3d —, 2015 WL 4546159, at *1 (7th Cir. July 28, 2015),… Read More
Is Your Industry Ripe for Noncompliance Under the Fair Labor Standards Act?
Recently, the U.S. Department of Labor found that Marcellus Shale oil and gas contractors violated the Fair Labor Standards Act (FLSA), which resulted in the contractors agreeing to pay nearly $4.5 million in back wages to approximately 5,000 employees. According to the Labor Department, most… Read More
Another Post-Clapper Data Privacy Breach Case Dismissed for Lack of Standing
The U.S. Supreme Court’s decision in Clapper v. Amnesty International USA, 133 S. Ct. 1138 (2013), continues to be relied on by federal courts to hold that “mere loss of data” or “increased risk of identity theft” in a data breach case does not constitute… Read More