Maine Appeals
First Class Defense
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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July 08, 2012

Twombly, Iqbal and Class Allegations
Employment Class Actions, US District Court - Mass
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In 2007 and 2008, the United States Supreme Court issued landmark decisions clarifying the pleading standards that must be met for a complaint to survive a motion to dismiss under Fed. R. Ci...

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June 25, 2012

Proposed Legislation to Repeal Wal-Mart Stores v. Dukes Goes Too Far
Employment Class Actions, Legislation
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Last week, on the one-year anniversary of Wal-Mart Stores v. Dukes, 131 S.Ct. 2541 (2011), a group of Democratic lawmakers proposed companion House and Senate bills that would  repeal Dukes’...

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June 11, 2012

Machado v. System4
Arbitration, Class Arbitration, Employment Class Actions
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As previously reported, the Massachusetts Supreme Judicial Court will be reviewing the continued vitality of its decision in Feeney v. Dell Inc. (Feeney I), governing the enforceability of c...

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May 09, 2012

The Continuing Saga of Class Action Waivers in Massachusetts
Arbitration, Consumer Class Actions, Massachusetts Decisions
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The Massachusetts Supreme Judicial Court has agreed to re-review a case involving the enforceability of class action waivers in arbitration provisions in light of last term's United States S...

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