On August 5, three Named Plaintiffs sued TIAA and Morningstar in the S.D.N.Y., claiming Defendants engaged in a “scheme to enhance corporate profits” by counseling participants to invest in two of TIAA’s most lucrative investment vehicles. Plaintiffs target ERISA and non-ERISA plans. The Complaint alleges TIAA and Morningstar developed an
Articles Discussing General Issues In Employment Law Class Actions
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.
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Class Action Trends Report Winter 2023
In this issue of the Jackson Lewis Class Action Trends Report, we welcome the New Year and 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.
Class Action 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.
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).
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.
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Class Action Trends Report June 2022
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.
Universal Health Loses Appeal to Undo 60,000-Person Class in Excessive Fee Case
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
Fourth Circuit Explains How Burdens Should be Allocated for Objections to Class Settlement
Explaining for the first time “who bears what burdens when a class member objects to a proposed settlement,” the U.S. Court of Appeals for the Fourth Circuit affirmed in an insurance case a district court’s order approving a proposed class settlement and overruling objections to the settlement.
Ninth Circuit Affirms State Court’s Authority to Approve Class Action Settlements
Absent class members in state-court class actions cannot pursue individual claims in federal court when the class has entered into a settlement releasing all such claims and a state court has entered final judgment approving the settlement, a panel of the U.S. Court of Appeals for the Ninth Circuit has held. Moreno v. UtiliQuest, LLC, No. 21-55313 (Mar. 18, 2022).
Class 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. Efforts to contain the spread of COVID-19 were met with stiff resistance — legal and otherwise; still, employers persist in earnest
Class Action Trends Report Winter 2022
In this issue of the Class Action Trends Report, Jackson Lewis attorneys look back at class action developments in 2021, including COVID-19 vaccine mandate litigation, significant procedural decisions, wage and hour suits, and the continuing rise of cases brought under the California Private Attorneys General Act and Illinois Biometric Information Privacy Act, among other litigation trends.
Build Back Better Act Update: Class Waiver Provisions Gone, Penalty Increases Remain
The Senate Committee on Health, Education, Labor, and Pensions has released its version of the Build Back Better bill and it does not contain the provision regarding class or collective action waivers in the version passed by the U.S. House of Representatives on November 19, 2021.
Build Back Better Act Threatens Class and Collective Action Waivers
The U.S. House of Representatives on November 19, 2021, passed the Build Back Better Act (H.R. 5376), ambitious climate protection/social spending legislation that now awaits deliberation in the Senate. Tucked inside the massive bill are numerous provisions of interest to employers. One such provision would amend the National Labor Relations
Class Action Trends Report Fall 2021
In the latest issue of the Class Action Trends Report, Jackson Lewis attorneys discuss the emerging class action risks that arise at this stage of the COVID-19 pandemic, as employers navigate return-to-work challenges including employee screening, mask and vaccine mandates, and the need for ongoing safety measures as the crisis persists. We also take a look at the state of class action COVID-19 litigation.