Third Circuit Finds Plaintiffs Have Standing to Sue SEPTA for Only One of Two Claimed Violations of the Fair Credit Reporting Act
Earlier this week, the Third Circuit issued its decision in Long v. SEPTA, No. 17-1889, 2018 WL 4290046 (3d Cir. Sept. 10, 2018)—another in a series of decisions from that court on Article III standing in cases where plaintiffs allege that a defendant’s violation of… Read More
Did The Ninth Circuit Just Give Plaintiffs—But Not Defendants—An Automatic Appeal From Class Certification Orders?
Don’t miss Microsoft’s in-house counsel Tim Fielden’s post on two important new Ninth Circuit decisions that permitted class action plaintiffs to dismiss their cases voluntarily and then appeal adverse class certification orders without first taking their individual cases to trial and securing a final judgment.… Read More
Second Circuit Says Comcast Does Not Bar Class Certification When Damages Require Individual Proof
Last week the Second Circuit joined a number of other circuits in ruling that the Supreme Court’s decision in Comcast Corp. v. Behrend, 569 U.S. ___, 133 S. Ct. 1426 (2013), does not require plaintiffs seeking class certification under Rule 23(b)(3) to show that damages… Read More
Time Spent Going Through Security Screenings Is Not Compensable Under Fair Labor Standards Act
The Supreme Court decided on Tuesday of this week that the federal Fair Labor Standards Act (“FLSA”) does not require an employer to compensate employees for time spent waiting in line and then going through security screenings at the end of their work shift each… Read More
SCOTUS Hears Arguments on Compensability of Required Security Screenings Under FLSA
The Supreme Court heard oral argument yesterday in an important Fair Labor Standards Act case that asks whether an employer who requires hourly employees to go through a security screening at the end of their shift – as a way to prevent employee theft –… Read More