Appeals Court Creates Circuit Split on Whether Bristol-Myers Applies to...
In its 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of Cal., the U.S. Supreme Court held that a state court could not exercise specific personal jurisdiction over nonresident plaintiffs’...
View ArticleClass Action Trends Report: A Look Back
For employers, 2021 was a challenging year. The post-election landscape, evolving federal and state law, and the effects of a seemingly endless global pandemic created a difficult business climate....
View ArticleNorth Carolina federal court holds it lacks jurisdiction over claims of...
In the latest court ruling to address personal jurisdiction over out-of-state opt-in plaintiffs in Fair Labor Standards Act collective actions, a federal district court in North Carolina held that it...
View ArticleSupreme Court to Review Fifth Circuit’s Oil Rig “Day Rate” Case
In April 2020, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit held that paying an employee a set amount for each day that he works (i.e., on a “day rate” basis) does not...
View ArticleBristol-Myers Decision Applies to Plaintiffs in FLSA Collective Actions,...
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...
View ArticleHas Lynn’s Food Grown Stale? Courts Increasingly Question Obligation to...
For 40 years, the majority of federal courts have followed the holding of Lynn’s Food Stores, Inc. v. U.S., 679 F.2d 1350 (11th Cir. 1982), that FLSA claims may be settled only through approval by the...
View ArticleFLSA Retaliation Provisions Protect Anticipated Collective Action Members,...
Does a plaintiff’s allegation that he was about to join a pending Fair Labor Standards Act (FLSA) collective (class) action against his former employer, combined with the employer’s knowledge that he...
View ArticleClass 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...
View ArticleClass 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...
View ArticleSupreme Court Won’t Consider Whether Bristol-Myers Decision Applies to...
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...
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