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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
Sep 26, 2007

Kudinov v. Kel-Tech Construction Inc.

This case involves an appeal from an order that partially granted plaintiffs’ motion for class certification and denied the defendant's cross-motion for summary judgment. The court affirmed the lower court's decision, emphasizing that the burden of establishing class certification criteria rests with the party seeking it, and the class certification statute should be liberally construed. Despite inconsistencies in the class representative's testimony and variations in damages among different trades, the court found sufficient evidence for numerosity and commonality of claims. The decision reiterates that the inquiry into a claim's merit for class certification is limited and not a substitute for summary judgment or trial.

Class ActionClass CertificationSummary JudgmentAppellate ReviewJudicial DiscretionEvidentiary BasisNumerosityCommonalityWage DisputesUnderpayment
References
11
Case No. MISSING
Regular Panel Decision

Flores v. Anjost Corp.

Plaintiffs filed a class action lawsuit against Anjost Corporation and its principals, alleging violations of the Fair Labor Standards Act and the New York Labor Law, including issues with minimum wage, overtime pay, tip withholding, and uniform costs. The court addressed Plaintiffs' motion for class certification, following a prior conditional certification of an FLSA collective action. Evaluating the proposed classes under Rule 23 of the Federal Rules of Civil Procedure, the court found that the requirements for numerosity, commonality, typicality, and adequacy of representation were largely met. Consequently, the court granted the motion for class certification in a modified form, establishing three specific classes: a Tipped Employee Class, a Spread of Hours and Wage Statement Class, and a Uniform Claims Class. The decision also included orders for the defendants to disclose class member information and for both parties to jointly prepare a proposed class notice.

Class ActionFair Labor Standards Act (FLSA)New York Labor Law (NYLL)Wage and Hour ClaimsOvertime WagesMinimum WageTip WithholdingUniform CostsWage StatementsSpread of Hours Premium
References
71
Case No. MISSING
Regular Panel Decision

Duchene v. Michael L. Cetta, Inc.

Plaintiffs, current and former waiters at Sparks Steak House, initiated litigation under the Fair Labor Standards Act (FLSA) and the New York Labor Law, alleging the unlawful diversion of their tips. Following a previous order for the FLSA claim to proceed as a collective action, the plaintiffs moved for class action certification for all waiters employed by Sparks from June 14, 2000, onwards. The defendant opposed this, challenging supplemental jurisdiction and class certification requirements. However, the Court exercised supplemental jurisdiction and found that the class met all necessary criteria, including numerosity and superiority. Consequently, the Court granted the plaintiffs’ motion for class certification.

Class ActionFair Labor Standards ActNew York Labor LawTip DiversionWage and Hour ClaimsCollective ActionSupplemental JurisdictionRule 23(b)(3)Numerosity RequirementSuperiority Requirement
References
11
Case No. MISSING
Regular Panel Decision

Parker v. Time Warner Entertainment Co., L.P.

This Memorandum & Order addresses plaintiffs' objections to a Magistrate Judge's recommendations regarding class certification. Plaintiffs Andrew Parker and Eric De-Brauwere sued Time Warner Cable, alleging violations of the Cable Communications Policy Act of 1984 by disclosing subscriber information. District Judge Glasser adopted the Magistrate Judge's findings, denying class certification for monetary claims under Rule 23(b)(2) due to the predominance of monetary relief, and denying full certification under Rule 23(b)(3) because a class action was deemed not superior given the statutory provisions for individual remedies. The court also declined to exercise supplemental jurisdiction over the plaintiffs' state law claims. Ultimately, the plaintiffs' objections to the Magistrate Judge's Report & Recommendation were denied, and the recommendations were adopted.

Class ActionClass CertificationRule 23(b)(2)Rule 23(b)(3)Cable Communications Policy ActSubscriber PrivacyMonetary ReliefInjunctive ReliefEastern District of New YorkMagistrate Judge Recommendation
References
31
Case No. MISSING
Regular Panel Decision

In re Skelaxin (metaxalone) Antitrust Litigation

This memorandum addresses two motions for class certification in a pharmaceutical antitrust case concerning the muscle relaxant Skelaxin. Plaintiffs, comprised of Indirect Purchasers and End Payors, alleged that defendants King Pharmaceuticals LLC and Mutual Pharmaceutical Company, Inc. colluded to delay the entry of a generic drug. The Court denied both class certification motions, finding the End Payors' proposed class not ascertainable due to the need for individualized contractual inquiries. For Indirect Purchasers, certification was denied primarily for failure to establish a proper choice-of-law for a nationwide class and inadequate support for state-specific subclasses. Additionally, End Payors' related motions for partial summary judgment and to strike expert testimony were denied without prejudice.

AntitrustClass ActionPharmaceuticalsSkelaxinMetaxaloneGeneric DrugClass CertificationIndirect PurchasersEnd PayorsChoice of Law
References
64
Case No. MISSING
Regular Panel Decision

Rosiles-Perez v. Superior Forestry Service, Inc.

Plaintiffs, H-2B temporary foreign workers, filed a class action against Superior Forestry Service, Inc. (SFSI) and its officials, alleging underpayment and exploitation under the Migrant and Seasonal Agricultural Worker Protection Act (AWPA) and the Fair Labor Standards Act (FLSA). The Court considered Plaintiffs' renewed motion for class certification and appointment of counsel. After a rigorous analysis, the Court found that the prerequisites for class certification under Federal Rule of Civil Procedure 23(a) were met, including numerosity, commonality, typicality, and adequacy. Furthermore, the Court concluded that certification was appropriate under both Rule 23(b)(2) for injunctive relief and incidental monetary damages, and Rule 23(b)(3) for non-incidental monetary damages. The Court also determined that a six-year statute of limitations applied to the AWPA claims, ultimately granting the Plaintiffs' motion.

H-2B visa programMigrant workersAgricultural workersWage violationsFLSA claimsAWPA claimsClass actionEmployment lawLabor disputesUndercapitalized workers
References
42
Case No. MISSING
Regular Panel Decision
Jun 12, 2000

Simon v. Philip Morris Inc.

This memorandum and order addresses the preliminary issues of class certification in a nationwide smoker class action. Plaintiffs seek to certify a class of individuals who developed lung cancer due to smoking defendants' cigarettes. The defendants, referred to as "Tobacco," challenge the claims' substantive and factual viability, as well as the suitability for class action, citing varied state laws under the Erie doctrine and due process concerns. Senior District Judge Weinstein, acknowledging the complexities, reserves the decision on class certification and grants a preliminary evidentiary hearing. The court explores potential approaches to manage diverse state laws and discusses the necessity of plaintiffs demonstrating a feasible trial structure for a large class.

Class ActionSmoker Class ActionTobacco LitigationLung CancerClass CertificationRule 23Erie DoctrineConflict of LawsMultistate LitigationDue Process
References
12
Case No. MISSING
Regular Panel Decision

Lehocky v. Tidel Technologies, Inc.

Lead Plaintiffs Robert Scott Stauffer, Robert Scott Stauffer IRA Trust, and the Jerry Keeler Revocable Trust filed a motion for class certification against Tidel Technologies, Inc. and several individual defendants, alleging violations of federal securities laws. Plaintiffs claim that Tidel and its directors artificially inflated stock prices through misrepresentations regarding the company's financial health, its relationship with its major customer CCC, and by concealing the loss of CCC as its primary supplier. The lawsuit asserts violations of Sections 10(b), 20(a), and 20A of the Securities Exchange Act of 1934, encompassing claims of misrepresentation and insider trading. The Court conducted a class certification hearing and evaluated the requirements of Federal Rule of Civil Procedure 23, including numerosity, commonality, typicality, adequacy, predominance, and superiority. After considering expert testimony on market efficiency and arguments concerning the representatives' typicality and adequacy, the Court determined that the motion for class certification should be granted.

Class ActionSecurities FraudRule 10b-5Securities Exchange Act of 1934Insider TradingMarket EfficiencyFraud on the MarketMisrepresentationMaterial OmissionsClass Certification
References
60
Case No. MISSING
Regular Panel Decision

Life Insurance Co. of Southwest v. Brister

This is an interlocutory appeal challenging a trial court's order certifying a class action. The class, represented by M.C. Brister, Jr., comprises employees of Texas Steel Company who received workers' compensation benefits but were allegedly denied disability benefits under an Employee Benefit Plan issued by Life Insurance Company of the Southwest. The claims involved breach of contract and misrepresentation. Appellants contended that the class did not meet the requirements for certification under TEX.R.CIV.P. 42(b) and that the trial court improperly excluded evidence regarding a prior federal class action settlement. The appellate court affirmed the class certification, finding that common issues, primarily the interpretation of the Employee Benefit Plan and alleged statutory violations, predominated over individual issues, making a class action superior. While acknowledging the error in excluding evidence of the federal lawsuit, the court determined it was not a reversible error as it did not contribute to an improper judgment.

Class ActionInterlocutory AppealWorkers' CompensationDisability BenefitsBreach of ContractMisrepresentationEmployee Benefit PlanTexas Insurance CodeDeceptive Trade PracticesRule 42
References
38
Case No. MISSING
Regular Panel Decision
Feb 20, 2015

Marcus v. AXA Advisors, LLC

Plaintiffs, a group of pre-contract associates and employee-agents, filed a class action against AXA Advisors, LLC, AXA Financial Services, LLC, and AXA Network, LLC (collectively, "AXA"). They alleged that AXA misclassified them as independent contractors and outside sales agents, thereby violating the New York Labor Law's minimum wage and overtime provisions. Plaintiffs sought class certification for their claims. District Judge Pamela K. Chen denied the motion for class certification, finding insufficient commonality among unlicensed pre-contract associates and 20th edition employee-agents due to variations in their working conditions. While licensed pre-contract associates did show commonality, the court determined that the sole proposed class representative, Bennet Marcus, was not typical of that class.

Class ActionLabor LawMinimum WageOvertimeIndependent ContractorOutside Sales AgentMisclassificationFederal Rule of Civil Procedure 23Fair Labor Standards ActNew York Labor Law
References
33
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