Rule 68 offers of judgment have been controversial in class action practice for quite some time. Proponents of the tactic believe that it offers a valuable means of limiting frivolous lawsuits: where there are really only a few affected claimants, an offer of judgment can force them to face up to the costs of meritless
Incentive Awards Explained – Espenscheid v. DirectSat USA, LLC
By The Editors on
Posted in Settlement
Today’s case, Espenscheid v. DirectSat USA, LLC (7th Cir. 2012) is a little tricky, procedurally. Three plaintiffs filed an FLSA class action (and collective action) against DirectSat USA, LLC. The Northern District of Illinois originally certified a class, but then decertified it, at which point the plaintiffs each settled on an individual basis.
Now, here’s…
Framing the Certification Opposition – Ross v. RBS Citizens NA
By The Editors on
Posted in Certification
Today’s case is a perfect illustration of the difference between tactics and strategy, or, more accurately, between litigation strategy and litigation grand strategy. As you may remember, a tactic is a plan to accomplish a specific short-term goal within a larger conflict. (A defendant may have the strategy of defeating certification to minimize litigation…
Class Action Collation II
By The Editors on
Posted in Certification
See, here’s the thing. Russell Jackson stole my case. The Seventh Circuit decided an important case on the limits of Rule 23(b)(2)–Kartman v. State Farm Mutual Auto Ins.–and I set it aside to blog about today. But Jackson’s great writeup covers everything I wanted to.
And here’s the other thing. There have…
The Uses of the Named Plaintiff Deposition
By The Editors on
Posted in Discovery
Depositions are one of the most important parts of class discovery. (And for many lawyers, they’re also the most fun.) Since so few class actions go to trial, a deposition of a named plaintiff is when the defense lawyer finally gets to act like a lawyer on TV, confronting the named plaintiff with evidence…
How to Oppose FLSA Collective Actions
By The Editors on
Posted in Certification, Strategy
In the world of class actions, case brought under the Federal Labor Standards Act (FLSA) stand apart from other class actions. Unlike a standard Rule 23 class action, the plaintiff in an FLSA action has the option of filing a class action under Rule 23, a collective action under the FLSA, or both.…
FLSA – Class Actions Between Nurses and Hospitals – Audio Webinar
By The Editors on
Posted in Presentations
As a followup to Wednesday’s post, McGuireWoods has now made the audio of the webinar on FLSA actions available for anyone who wants to listen. Just click on the link!
FLSA Collective Actions – McGuireWoods Compliance Presentation
By The Editors on
Posted in Presentations
While this blog usually discusses strategies involved in litigating class actions, sometimes the best defense is not to get sued at all. With that in mind, here’s a link to today’s informative presentation on preventing FLSA collective actions by McGuireWoods attorneys Kimberly Cacheris and Benjamin Holland.
Motions for Sanctions – Hamm v. TBC
By The Editors on
Posted in Motions Practice
Class actions don’t necessarily look like emotional contests from afar, but they can be. Plaintiffs’ counsel is risking work and capital with no certain return on their investment. The defendant has been placed in high-stakes litigation based on what appear (to it) to be baseless allegations. As a result, it can be hard for each side not to…