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In August 2022, federal courts in California and New Jersey issued two class certification decisions that may signal an uptick in worker misclassification suits. In Roman v. Jan-Pro Franchising Int’l, Inc., the plaintiffs were three janitors who alleged that the defendant violated certain labor laws applicable to employees by misclassifying the plaintiffs as independent contractors.Key

In August 2019, plaintiff Susan Drazen filed a class action complaint against, LLC (“GoDaddy”) for alleged violations of the Telephone Consumer Protection Act of 1991 (“TCPA”).  Drazen alleged that GoDaddy called and texted her through a prohibited automatic dialing system.  After Drazen’s case was consolidated with other cases asserting similar TCPA violations against GoDaddy,

On August 23, 2017, Plaintiff Alfred Johnson filed a class action complaint on behalf of more than 14,000 job applicants in California state court against WinCo Foods (WinCo), seeking reimbursement for the time and travel expenses incurred while traveling to take a drug test.  Plaintiffs alleged that they were WinCo employees at the time they

When a putative class action complaint hits their desk, among the first things that should cross a defense attorney’s mind—whether in-house or outside counsel—is venue.  For state-court cases specifically, “can this case be removed to federal court?”  Removal is usually beneficial to defendants—though it can sometimes be better not to remove, and that question should

On March 19, 2018, Plaintiff Lorraine Adell filed a class action complaint in Ohio federal court against Verizon Wireless, seeking damages arising from Verizon’s imposition of certain administrative charges. Key Takeaways: 

  • The Sixth Circuit became the first Circuit Court to hold that the Federal Arbitration Act (“FAA”) and the Class Action Fairness Act (“CAFA”) do not

The alleged health risks of per- and poly-fluoroalkyl substances, or PFAS, are garnering increased attention from plaintiffs’ lawyers.  In the wake of recent efforts to update risk evaluations and risk assessments by agencies such as the Environmental Protection Agency, the Food & Drug Administration, and the Center for Disease Control, private plaintiffs are bringing products

Where a federal agency has reviewed and approved a product label pursuant to a federal statute, claims brought under state laws challenging that label are preempted—however, preemption will not apply to claims premised on statements that are “materially different” from those reviewed.Key Takeaway 
Where a federal agency has reviewed and approved a product label pursuant