On June 11, 2018, the United States Supreme Court ruled that American Pipe tolling does not extend to follow-on class actions brought after the statute of limitations period has run. This decision resolves a split between circuit courts over the question of whether a putative class member can rely on American Pipe to toll applicable statute of limitations to file a new class action in lieu of promptly joining an existing suit or filing an individual action.
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Supreme Court
SCOTUS Holds Class Action Waivers Do Not Violate the NLRA
In a major win for employers, the U.S. Supreme Court held that arbitration agreements with class action waivers do not violate the National Labor Relations Act.
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SCOTUS to Review Right to Class Arbitration in Silent Agreements
The U.S. Supreme Court has voted to hear an appeal of the Ninth Circuit’s decision in Varela v. Lamps Plus, Inc. The Supreme Court is expected to decide whether workers can pursue their claims through class-wide arbitration when the underlying arbitration agreement is silent on the issue.
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California Supreme Court Adopts New Independent Contractor Test
The California Supreme Court has adopted a new three-part test to determine whether a worker is an independent contractor or an employee under California’s wage orders. The highly anticipated ruling could have wide ranging effects for businesses operating in California and beyond as companies try to navigate the new gig economy.
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Challenging the Consent-Based Theory of General Personal Jurisdiction in Pennsylvania
As a result of several recent United States Supreme Court decisions, courts across the country have applied a more exacting standard for assessing whether defendants can be subject to general personal jurisdiction in a particular forum.
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Ninth Circuit Reverses District Court Decision in Zappos Consumer Data Breach Case
On March 8, 2018, the Ninth Circuit Court of Appeals reversed a decision from the United States District Court for the District of Nevada.
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Circuit Courts Recognize Employment Protections for Sexual Orientation Under Title VII
Last week, the United States Court of Appeals for the Second Circuit, sitting en banc, became the second federal appellate court to officially recognize a discrimination claim under Title VII based solely on the plaintiff’s sexual orientation. …
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GrubHub Driver Ruled Independent Contractor in First of Its Kind Gig Economy Trial
In a highly anticipated opinion, a Federal Judge in California ruled in favor of GrubHub, an internet food ordering service, finding it properly classified a delivery driver as an independent contractor.
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Supreme Court Again Tightens Jurisdictional Requirements for Claims Against Out-of-State Defendants
On June 19, 2017, the U.S. Supreme Court announced important constitutional limitations on state courts’ ability to exercise specific jurisdiction over nonresidents’ claims against out-of-state defendants. The Court’s nearly unanimous decision in Bristol-Myers v. Superior Court has potentially far-reaching implications for companies facing claims brought by nonresident and resident plaintiffs in states in which those companies are neither incorporated nor maintain their principal place of business.
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Eleventh Circuit Decisions Demonstrate Difficulties in Analyzing Standing Following Spokeo
Two recent decisions by the U.S. Court of Appeals for the Eleventh Circuit – one involving a rare written dissent from the denial of a petition for rehearing en banc – demonstrate the continuing difficulties courts are facing in determining what constitutes a concrete injury under Spokeo. …
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