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Eric R. MagnusBlog Posts

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  • U.S. Supreme Court: Employment Class Arbitration Must Be Expressly Addressed in Contract

    Class action arbitration is such a departure from ordinary, bilateral arbitration of individual disputes that courts may compel class action arbitration only where the parties expressly declare their intention to be bound by such actions in their arbitration agreement, the U.S. Supreme Court has ruled in a 5-4 decision. Lamps Plus, Inc. v. Varela, No....… Continue Reading
    April 25, 2019
  • Supreme Court Holds Availability of Class Claims Must be Expressly Declared in Arbitration Agreements

    Class action arbitration is such a departure from ordinary, bilateral arbitration of individual disputes that courts may compel class action arbitration only where the parties expressly declare their intention to be bound by such actions in their arbitration agreement, the U.S. Supreme Court has ruled in a 5-4 decision. Lamps Plus, Inc. v. Varela, No....… Continue Reading
    April 24, 2019
  • Illinois BIPA Defendants May Soon Be Getting Relief

    Many businesses currently are defending a wave of class action lawsuits filed under the Illinois’ Biometric Information Privacy Act, popularly known as “BIPA” ).  The floodgates to litigation were opened earlier this year when the Illinois Supreme Court ruled that individuals need not allege actual injury or adverse effect, beyond a violation of his/her rights...… Continue Reading
    March 28, 2019
  • U.S. Supreme Court Allows Zappos Data Breach Litigation to Proceed

    Yesterday, the U.S. Supreme Court rejected a petition for a writ of certiorari by Zappos requesting the Court to review a Ninth Circuit Court decision which allowed customers affected by a data breach to proceed with a lawsuit on grounds of vulnerability to fraud and identity theft. The ruling stems from a 2012 breach that...… Continue Reading
    March 26, 2019
  • U.S. Supreme Court Holds Federal Rule of Civil Procedure 23(f) Is Not Subject to Equitable Tolling

    In a decision important to class action practice, the U.S. Supreme Court has held that Federal Rule of Civil Procedure 23(f), which establishes a 14-day deadline to seek permission to appeal an order granting or denying class certification, is not subject to equitable tolling. Nutraceutical Corp. v. Lambert, No. 17-1094 (Feb. 26, 2019). Please click...… Continue Reading
    February 27, 2019
  • Jackson Lewis Class Action Trends Report Winter 2019

    Below is a link to the latest issue of the Jackson Lewis Class Action Trends Report.  This report is published on a quarterly basis by our firm’s class action practice group in conjunction with Wolters Kluwer.  We hope you will find this issue to be informative and insightful.  Using our considerable experience in defending hundreds of...… Continue Reading
    February 27, 2019
  • Fifth Circuit Rules District Court Erred in Ordering Notice of Collective Action to Employees who Signed Arbitration Agreements

    In a significant case of first impression, the U.S. Court of Appeals for the Fifth Circuit just held it to be in error for a district court to order notice be sent to employees as part of a certification who, by a preponderance of the evidence, entered into a valid arbitration agreement.  If the employer...… Continue Reading
    February 27, 2019
  • USDOL’s Wage & Hour Division Issues Internal Guidance Regarding Elimination of the “80/20” Tip Credit Rule

    Last November, the United States Department of Labor (USDOL) issued Opinion Letter FLSA2018-27, rescinding the so-called “80/20” Tip Credit Rule, a provision that during the last decade had spawned a cottage industry of “80/20” cases.  These cases sought to dissect the duties of a server between those that allegedly generated tips and those that did...… Continue Reading
    February 20, 2019
  • Standing in Data Breach Litigation: Will the U.S. Supreme Court Weigh In?

    The U.S. Supreme Court may finally weigh in on the hottest issue in data breach litigation, whether a demonstration of actual harm is required to have standing to sue. Standing to sue in a data breach class action suit, largely turns on whether plaintiffs establish that they have suffered an “injury-in-fact” resulting from the data...… Continue Reading
    February 12, 2019
  • Second Circuit Sheers Cosmetology Student’s Claims in Intern-or-Employee Case

    Concluding that a student at a for-profit cosmetology academy was the “primary beneficiary” of the hours he spent training at the academy’s salon, the Second Circuit Court of Appeals has upheld the district’s court’s determination that the student was an intern, and not an not employee entitled to minimum wage or overtime under the FLSA...… Continue Reading
    February 11, 2019

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