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Second Circuit – Class Certification: Johnson v. Nextel Communications Inc.
U.S. Court of Appeals for the Second Circuit – Class Certification – Choice-of-law – Predominate Issues Johnson v. Nextel Communications Inc. 14-454 Judges Wesley, Hall and Lynch Background: The plaintiffs, 587 former and current employees of the defendant filing discrimination claims against the defendant, agreed to set up a dispute resolution process whereby […[...]
Second Circuit – Class Certification: Sykes, et al. v. Mel S. Harris & Associates, et al.
U.S. Court of Appeals for the Second Circuit – Class Certification – Commonality – Unitary Course of Conduct Sykes, et al. v. Mel S. Harris & Associates, et al. 13-2742-cv Judges Jacobs, Calabresi and Pooler Background: The defendants comprise a company that purchases consumer debts and a law firm with a significant debt-collection […]
Second Circuit – Class Certification: Roach v. T.L. Cannon Corp.
U.S. Court of Appeals for the Second Circuit – Class Certification – Damages – Class-wide Basis Roach v. T.L. Cannon Corp. 13-3070 Judges Jacobs, Droney and Kaplan Background: The plaintiffs appealed from an order the denying class certification. The plaintiffs are four employees of Applebee’s restaurants who brought actions under the Fair Labor Standards […]
Second Circuit — Class Certification: In re U.S. Foodservice Inc. Pricing Litig.
U.S. Court of Appeals for the Second Circuit Class Certification RICO Allegations — Common Issues of Fact and Law In re U.S. Foodservice Inc. Pricing Litig. 12-1311-cv Judges Straub, Livingston and Lynch Background: The defendants appealed from the certification of a nationwide class of customers of U.S. Foodservice, Inc. on claims under the Racketeer Influenced […]
Second Circuit — Class Certification: Authors Guild Inc., et al. v. Google Inc.
U.S. Court of Appeals for the Second Circuit Class Certification Copyright — Fair Use Authors Guild Inc., et al. v. Google Inc. 12-3200-cv Judges Leval, Cabranes and B.D. Parker Background: The defendants appealed from the certification of the plaintiff class. The plaintiffs are authors claiming that the defendant committed copyright infringement by copying and displaying […]
WDNY — Class Certification: Tracy, et al. v. NVR Inc.
U.S. District Court, WDNY Class Certification Similarly Situated Tracy, et al. v. NVR Inc. 04-cv-6541L Judge Larimer Background: The plaintiff, on behalf of himself and a class of plaintiffs, brought an action pursuant to the Fair Labor Standards Act, alleging that they were not properly compensated for overtime compensation. The defendant moved to decertify the […]
APPEALS FOR THE SECOND CIRCUIT: Class Certification — Predominance — Levitt v. J.P. Morgan Securities Inc.
U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT Duty of Disclosure Class Certification — Predominance Levitt v. J.P. Morgan Securities Inc. 10-4596-cv Judges Pooler, Livingston and Carney Background: The defendants appealed from an order granting the plaintiffs’ motion for class certification. The defendants argued that the court erred certifying the class under violations of the […]
Second Circuit — ERISA: Novella v. Westchester County, et al.
U.S. Court of Appeals for the Second Circuit ERISA Pension Plan Interpretation — Class Certification Novella v. Westchester County, et al. 09-4061-cv(L) Judges Walker, Sack and Koeltl Background: The plaintiff, a retired carpenter, became injured on the job just prior to his retirement. He applied for a disability pension, but discovered that his benefits were […]
Class Certification: Amador v. Superintendents of Dep’t of Corr. Servs.
U.S. Court of Appeals for the Second Circuit Class Certification Mootness — Relation-back Amador v. Superintendents of Dep’t of Corr. Servs. 08-2079-pr Judges Winter, Cabranes and Hall Background: Thirteen female inmates appealed from the dismissal of their class action complaint. The inmates brought suit under 42 U.S.C. § 1983 seeking declaratory and injunctive relief compelling […]
Fair Labor Standards Act: Odom et al. v. Hazen Transport Inc.
U.S. District Court, WDNY Fair Labor Standards Act Class Certification — Attorneys Fee Odom et al. v. Hazen Transport Inc. 10-cv-6304T Judge Payson Background: The case arose from the defendant’s alleged failure to pay appropriate overtime wages and alleged improper deductions from plaintiffs’ pay. The named plaintiffs filed suit on behalf of themselves and all […]
Class Certification: Jim Ball Pontiac-Buick-GMC Inc. v. DHL Express Inc.
U.S. District Court, Western District of New York Class Certification Breach of Contract — Lack of Common Form Contract Jim Ball Pontiac-Buick-GMC Inc. v. DHL Express Inc. 08-CV-761 Judge Curtin Background: Presently before the court is a motion for class certification. The plaintiff, on behalf of itself and others similarly situated, seeks to recover damages […]
Class Certification: Puricelli v. The Republic of Argentina
U.S. Court of Appeals for the Second Circuit Class Certification Puricelli v. The Republic of Argentina 09-0332-cv Appealed from the Southern District of New York Background: The defendant appeals from eight grants of class certification and eight final judgments of the U.S. District Court for the Southern District of New York. The district court granted […]
Case Digests
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
Law News
- Espinosa named general counsel at Greenlight Networks
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
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