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Game Changer? Supreme Court Agrees to Consider Standards for Certifying FLSA...
The U.S. Supreme Court agreed yesterday to hear an appeal challenging a nearly $6.0 million judgment in a collective and class action case against Tyson Foods, Inc. In Tyson Foods, Inc. v. Bouaphakeo,...
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Supreme Court Agrees to Hear Case Addressing Scope of Wage and Hour Class and...
It’s hard enough to predict what the Supreme Court will do on a given case even after it has been briefed and oral argument has been heard. It’s even harder when all we have is the decision accepting...
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Potential Blockbuster: Supreme Court to Decide Class Action “Trial by Formula”
Last week, the U.S. Supreme Court granted a petition for certiorari in Tyson Foods, Inc. v. Bouaphakeo. Tyson Foods presents two issues with the potential to make the case a blockbuster for class...
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Supreme Court Takes Aim at FLSA Class, Collective Actions
Last week, the Supreme Court granted a writ of certiorari to Tyson Foods in an appeal of a class and collective action filed under the FLSA and a similar Iowa state law. Hourly workers at Tyson’s Storm...
View ArticleSupreme Court to Decide Two Cases Addressing Important Class and Collective...
The Supreme Court has agreed to hear two cases during its Fall 2015 term that could further transform the wage and hour class action landscape. We briefly discuss those two cases below. Gomez: The...
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Supreme Court Briefing Begins in Tyson Foods, Inc. V. Bouaphakeo, a Potential...
In a case that could change how wage and hour class and collective actions are litigated, Tyson Foods, Inc. recently filed its opening Supreme Court brief. Tyson seeks reversal of a $5.8 million...
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The Supreme Court Preview, Part I: The Court to Overhaul Class Actions?
A fresh Supreme Court term has kicked off, with a new slate of cases awaiting the Court’s decision. Among these cases are several that the automotive industry should keep an eye on, as they impact the...
View ArticleELL SCOTUS Series # 3 – Tyson Foods Inc. V. Bouaphakeo
In our third installment of articles looking at the employment law cases being heard by the US Supreme Court this fall term, Tyson Foods Inc. v. Bouaphakeo will have importance in both the wage &...
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Another Watershed Moment for Class Actions? SCOTUS to Address Limits On...
In a case that is certain to provide an important sequel to the Wal-Mart Stores, Inc. v. Dukes and Comcast Corp. v. Behrend decisions, the Supreme Court will hear argument next week on Tyson Foods Inc....
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Reading Tea Leaves from Today’s U.S. Supreme Court Arguments in the Tyson...
The U.S. Supreme Court heard arguments today in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146 (U.S. Nov. 10, 2015). Many pundits believe the case has enormous implications for workplace class action...
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Thoughts On Tyson Foods Oral Argument
Tyson Foods, Inc. v. Bouaphakeo, the third and last of the three class action cases that the U.S. Supreme Court is hearing this Fall was argued yesterday. Articles in the New York Times and USA Today...
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Supreme Court Hears Argument in Tyson Foods V. Bouaphakeo—and a Blockbuster...
The Supreme Court on Tuesday heard oral argument in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, a case that has been closely watched for its potential to narrow the circumstances in which a class...
View ArticleHow Will Justice Scalia’s Death Impact Pending Class Action Cases?
As our nation and especially the legal community mourn the death of one of the most charismatic and influential Supreme Court justices in our history, one question that might be asked is how Justice...
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Scalia’s Death Leaves High Court in Limbo On Three Key Consumer Class Actions
While the sudden death of Supreme Court Justice Antonin Scalia creates an immediate vacancy on the bench, it also likely will leave the high court’s docket in limbo on number of key consumer class...
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Supreme Court Approves Use of Statistical Evidence in Affirming $2.9 Million...
On March 22, 2016, the United States Supreme Court issued its much anticipated decision in Tyson Foods, Inc. v. Bouaphakeo, a donning and doffing case in which a class of employees had been awarded...
View ArticleTyson Foods Supreme Court Opinion Addresses Statistical Evidence in Class...
Today, the Supreme Court issued its opinion in Tyson Foods v. Bouaphakeo, addressing the use of statistical evidence in class actions. The plaintiffs’ bar will undoubtedly claim the decision as a...
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Statistical Arguments, SCOTUS, Tyson, and Be Careful What You Wish For
Excluding Justices Thomas and Alito, SCOTUS this week not surprisingly concluded that statistical proof can be used in class actions to prove up damages in at least some cases, even if there are some...
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Supreme Court Affirms Certification of FLSA Collective Action in Tyson Foods,...
Under Federal Rule of Civil Procedure 23(b)(3), a court may certify a suit for damages as a class action when “there are questions of law or fact common to the class” that “predominate over any...
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What Does Tyson Foods, Inc. V. Bouaphakeo Mean for Class Actions?
The class action plaintiffs’ bar celebrated yesterday’s Supreme Court’s decision in Tyson Foods, Inc. v. Bouaphakeo (pdf), rejecting Tyson’s challenge to class certification. One lawyer called it “a...
View ArticleTyson Foods, Inc. V. Bouaphakeo: Supreme Court Upholds Use of Statistical...
This week, the Supreme Court issued its decision in Tyson Foods, Inc. v. Bouaphakeo, 577 U. S. ___(2016). The key issue addressed is whether class certification was proper in a FLSA case where the...
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