Maine Appeals
First Class Defense
November 14, 2012

Matamoros v. Starbucks: First Circuit Affirms $14 Million Judgment for Violation of the Massachusetts Tips Act
Employment Class Actions, First Circuit Decisions
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Last week, in Download Matamoros et al v Starbucks Corporation, the First Circuit Court of Appeals affirmed decisions of the District of Massachusetts (Hon. Nathanial M. Gorton), granting cl...

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October 27, 2012

The National Institute on Class Actions: Rule 23 and its Discontents
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This week I had the privilege of serving as a panelist at the ABA's 16th Annual National Institute on Class Actions.  This year's' program, like last year's, was organized and moderated by D...

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October 23, 2012

District of Massachusetts Grants Class Certification in Wage Case
Employment Class Actions, US District Court - Mass
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In George v. NWMCC, CA No. 10-10289-DJC (D. Mass., September 27, 2012), United States District Judge Denise Casper granted class certification to a group of employees and former employees of...

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October 02, 2012

The District of Massachusetts Stays True to Wal-Mart
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After the Supreme Court decided Wal-Mart Stores, Inc. v. Dukes, it was fashionable for some in the plaintiffs' bar to argue that the deciding factor was the size of the class.  After all, it...

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September 24, 2012

6th Circuit Holds Named Plaintiff’s Failure to File Timely Written Consent Bars FLSA Claims
Employment Class Actions
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The Sixth Circuit Court of Appeals recently issued a decision in Frye v. Baptist Memorial Hospital, Inc., which includes a discussion of some of the basics of Fair Labor Standards Act (FLSA)...

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August 22, 2012

Lawrence v. Philip Morris USA, Inc.: New Hampshire Supreme Court Reverses Class Certification in “Light” Cigarette Case
Consumer Class Actions, New Hampshire Decisions
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Yesterday, the New Hampshire Supreme Court reversed the certification of a class of purchasers of “Light” cigarettes in a case alleging that Philip Morris USA, Inc. (Philip Morris), by using...

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August 02, 2012

WARN Act Class Certified in the District of Maine
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Last week, United States District Court Judge George Singal granted class certification to a group of former employees of automobile part manufacturer Formed Fiber Technologies, LLC, who all...

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August 01, 2012

Putative Class Action Tossed as Time-Barred
Employment Class Actions, US District Court - Mass
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Last week, in Abdallah v. Bain Capital LLC, United States District Judge Joseph L. Tauro of the District of Massachusetts dismissed a putative class action lawsuit against Bain Capital LLC b...

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July 28, 2012

Diversity, Choice-of-Law and Fee Awards in Class Action Settlements
Class Action Settlements, Consumer Class Actions, First Circuit Decisions
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In an opinion authored by Chief Justice Sandra Lynch that could, and should, find its way into civil procedure casebooks, the First Circuit charted a course through the complexities of the E...

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July 21, 2012

Another Circuit Weighs in on Cy Pres Awards in Class Settlements
Class Action Settlements
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In an April 30th post, we described the First Circuit's recent decision in In re: Lupron Marketing and Sales Practices Litigation, in which the court for the first time articulated the stand...

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