Not much in Congress has bipartisan support nowadays, but a new federal law managed to bridge the gap from one side of the aisle to the other. Effective March 3, 2022, a new law provides that mandatory arbitration clauses can no longer require victims of sexual...
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Class Actions
Class Action Settlements and Cy Pres Awards: Part 2 of 2
As previously discussed in Part I, the Supreme Court of the United States ("SCOTUS") recently announced that it would take up the issue of cy pres awards in Frank v. Gaos. How SCOTUS rules in the Frank case could have tremendous impact on class action settlements....
Class Action Settlements and Cy Pres Awards: Part 1 of 2
[In this two-part series, we explore the origins and present-day use of cy pres awards in class-action settlements and the Supreme Court's recent decision to address the use of cy pres awards.] You're a member of a class action. The case has settled. You received your...
Class Action Investigation — Student Loan Servicing Practices
Student loan debt ballooned to more than $1.3 trillion in 2017, more than two-and-a-half times the total student loan debt 10 years ago. Debt servicing is a lucrative business, but many services aren't acting in borrowers' best interests. We are now investigating...
Kentucky Supreme Court Permits Class Actions for Wage Violations
On August 24, 2017, the Supreme Court of Kentucky held that employees may bring class actions for wage violations, such as an employer's failure to pay minimum wages or overtime wages. See Mary McCann v. The Sullivan University System, Inc., 2015-SC-000144-DG, 2017...
2017 Labor & Employment Cases – U.S. Supreme Court Edition – UPDATE
n January 13, 2016, the Supreme Court of the United States granted cert to multiple petitions seeking an answer to a seemingly simple question: whether class-action waivers in employment arbitration agreements, otherwise subject to the Federal Arbitration Act, violate...
2017 Labor & Employment Cases – U.S. Supreme Court Edition
It's early January -- happy new year! -- and an appropriate time to take a look at several of the labor and employment cases now pending in the Supreme Court. First, there's McLane Co. Inc. v. EEOC, No. 15-1248. The issue: whether a district court's decision to quash...
