Eighth Circuit: FLSA Does Not Preclude Enforcement of Class Action Waiver

By Jeanine Conley on January 15, 2013 Posted in Arbitration, Class Action Trends

In a significant victory for employers, the Eighth Circuit, in Owen v. Bristol Care Inc., No. 12-1719, overturned a Missouri district court ruling that class action waivers were unenforceable in FLSA cases. In September 2011, Sharon Owen brought an action on behalf of herself and other current and former employees similarly situated, against her employer, … Continue Reading

Tenth Circuit Holds that Mere Allegation by Plaintiff of Intent Not to Seek More than $4,999,999.99 in Damages Is Not Dispositive of CAFA Jurisdiction

By Paul Karlsgodt on June 29, 2012 Posted in Class Action Fairness Act

Yesterday, the Tenth Circuit joined the majority of Circuit Courts of Appeals in holding that a plaintiff cannot conclusively avoid federal removal jurisdiction under the Class Action Fairness Act of 2005 (CAFA) by including in the complaint a statement of intention not to seek more than $4,999,999.99 in damages on behalf of the putative class. … Continue Reading

Daubert Revisited

By Mark Johnson on January 2, 2012 Posted in Expert Testimony, Rule 23 Requirements

After the Supreme Court’s decision in Wal-Mart v. Dukes, 131 S. Ct. 2541 (2011), the application of Daubert at the class certification stage has been one of recent confusion. Although not all circuits have addressed whether a full Daubert analysis is necessary at the class certification stage, the Eighth Circuit announced its approach in In … Continue Reading