Lisa A. MilamBlog Posts

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  • Supreme Court Won’t Consider Whether Bristol-Myers Decision Applies to Collective Actions

    The U.S. Supreme Court has declined to settle the circuit split on whether its 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of Cal. applies to collective actions brought under the Fair Labor Standards Act. In Bristol-Myers, a mass tort action, the justices held that a federal court could not exercise specific personal jurisdiction over nonresident plaintiffs’ claims...
    March 8, 2023
  • Illinois Supreme Court holds 5-year limitations period applies to BIPA claims

    The Illinois Supreme Court has ruled out the possibility of a one-year statute of limitations for claims under the Illinois Biometric Information Privacy Act (BIPA). Tims v. Blackhorse Carriers, Inc., No. 127801 (Feb. 2, 2023). In answer to the certified question of whether the limitations period under section 13-201 of the Illinois Code of Civil Procedure for...
    February 2, 2023
  • Class Action Trends Report: A look back, a look ahead

    In our latest issue of the Jackson Lewis Class Action Trends Report, we look back at the most significant developments affecting employment class and collective action litigation in 2022. We also look ahead at potential new challenges in store for employers in 2023. Read the Winter 2023 Class Action Trends Report. With this issue, we wrap up our...
    January 31, 2023
  • Class Actions Trends Report – Fall 2022

    In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys look at the current state of COVID-19-related litigation at this late stage of the global pandemic. Employers have faced more than 5,000 COVID-19-related lawsuits — hundreds of which were brought as putative class or collective actions — and new lawsuits continue to be filed every... Continue Reading…
    November 7, 2022
  • Class Action Trends Report: A COVID-19 litigation update

    In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys look at the current state of COVID-19-related litigation at this late stage of the global pandemic. Employers have faced more than 5,000 COVID-19-related lawsuits — hundreds of which were brought as putative class or collective actions — and new lawsuits continue to be filed every...
    November 2, 2022
  • Bristol-Myers Decision Applies to Plaintiffs in FLSA Collective Actions, Third Circuit Holds

    Since the U.S. Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of Cal., 137 S. Ct. 1773, limiting the scope of a court’s jurisdiction over out-of-state claims, federal courts have grappled with whether the landmark opinion applies to collective actions brought under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 216(b). Joining...
    August 2, 2022
  • Class Action Trends Report: All About Arbitration

    In this issue of the Class Action Trends Report, Jackson Lewis attorneys discuss recent developments in arbitration and their impact on employment class actions. These include the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, several impactful U.S. Supreme Court decisions, and the emergence of mass arbitration. Access the latest Jackson Lewis Class Action...
    June 30, 2022
  • Universal Health Loses Appeal to Undo 60,000-Person Class in Excessive Fee Case

    By Alicia M. Chiu The Third Circuit Court of Appeals recently held that as the plan fiduciary of Universal’s defined contribution plan, Universal Health Services Inc. and its plan investment committee (collectively “Universal”) must face a class action claiming its retirement plan included imprudent investment options charging excessive fees to more than 60,000 participants, even...
    June 11, 2022
  • FAA’s Transportation Worker Exception Covers Airline Ramp Agents, U.S. Supreme Court Holds

    Individuals employed as ramp workers who frequently handle cargo for an airline are “transportation workers” exempt from the Federal Arbitration Act (FAA), the U.S. Supreme Court has held. Southwest Airlines Co. v. Saxon, No. 21-309 (June 6, 2022). Therefore, the employees are not required to arbitrate their wage-hour claims under the FAA, but may still be...
    June 8, 2022
  • California Supreme Court Rules Additional Penalties May Be Recoverable for Meal & Rest Period Violations

    A recent decision by the California Supreme Court can result in additional potential liability for employers under the California Labor Code and underscores the importance of meal and rest period compliance. In Naranjo v. Spectrum Security Services, a class action suit alleging meal period violations, the Court held that extra pay provided to employees for...
    May 26, 2022

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