As class action litigation under ERISA continues its upward trend across the country, could Article III standing serve as a means through which a Court can fairly assess claims before costly discovery is imposed on defendants and judicial resources are expended? Several recent federal court decisions suggest as much.
ERISA, which provides protection to employees who participate in employee benefit plans, confers statutory standing on plan participants and beneficiaries to seek relief against their benefit plans as well as fiduciaries of these plans in federal court. Although ...
This post concerns a recurring topic in class-action practice: how a party—through its own litigation conduct—can waive its right to arbitrate.
The topic warrants attention, or at least came to our attention, because of a recent decision from a federal appellate court. The case, called Morgan v. Sundance, Inc., is a putative nationwide collective action filed under the Fair Labor Standards Act.
The defendant (Sundance) owns Taco Bell franchises in multiple states. The plaintiff (Robyn Morgan) worked at a Sundance restaurant in Iowa. She has accused Sundance of not paying her ...
About Class Actions Brief Blog
Class Actions Brief is your source for analysis of class action developments in federal and state judicial systems nationwide. Our attorneys use their experience representing clients both in and against class actions to provide fresh takes and commentary on what is happening in our courts today.
Topics
- Antitrust
- Appeal
- Appeals
- Arbitration
- Bankruptcy
- Choice of Law
- Class Action Fairness Act (CAFA)
- Class Counsel/Attorney's Fees
- Class Definition
- Class Representatives
- Collective Action
- Commonality
- Commonality/Predominance
- Consumer Protection
- Damages
- Data Privacy
- Due Process
- Employment
- Expert
- Jurisdictional Issues
- Manageability
- Mergers & Acquisitions
- Recent Filings
- Securities
- Settlement
- Standing
- Standing/Mootness
- Statute of Limitations
- Tolling
Jurisdictions
- All Jurisdictions
- D.C. Circuit
- District of South Carolina
- Eastern District of North Carolina
- Fifth Circuit
- Fourth Circuit
- Legislation
- Middle District of North Carolina
- Ninth Circuit
- North Carolina Business Court
- North Carolina State Courts
- North Carolina Supreme Court
- Northern District of Georgia
- Other
- Seventh Circuit
- Sixth Circuit
- South Carolina State Courts
- Tenth Circuit
- Third Circuit
- United States Supreme Court
- Western District of North Carolina
