Class Action

On Again, Off Again - Class Actions and Donning and Doffing: Tysons v. Bouaphakeo - Podcast

Labor & Employment Law Practice Group Podcast
Karen Harned November 17, 2015

On November 10 the Supreme Court heard oral arguments in the case of Tyson Foods, Inc. v. Bouaphakeo. In this case, Tyson Foods was ordered to pay $5.8 million in damages in a class action lawsuit brought by employees alleging violations of various federal and state labor laws. A class of employees sued Tysons for failing to properly compensate them for time they spent donning and doffing protective clothing and equipment and washing equipment. The 8th Circuit allowed the plaintiffs to use used statistical sampling to determine damage awards. The Eighth Circuit certified the class under Rule 23 despite a wide variance among class members of time spent donning, doffing and washing equipment. The outcome of the case could have a significant impact on the rules governing class certifications and whether statistical sampling can be used in the class action context.


  • Karen Harned, Executive Director, National Federation of Independent Business Legal Center

Injury-Free Class Actions?: Spokeo v. Robins - Podcast

Federalism & Separation of Powers Practice Group Podcast
Cory L. Andrews November 04, 2015

On November 2, 2015 the United States Supreme Court heard oral arguments in Spokeo v. Robins. Spokeo, a “people search engine,” published inaccurate information about Thomas Robins, who sought to file a class action lawsuit under the Fair Credit Reporting Act. A district court found that Robins lacked standing to bring suit, since the incorrect biographical information published by Spokeo had not caused a concrete harm. In a case that could have potentially far-reaching implications for environmental, civil rights, and other class-action litigation, the Court will decide whether Congress may confer Article III standing upon a plaintiff who suffers no concrete harm, and who therefore could not otherwise invoke the jurisdiction of a federal court, by authorizing a private right of action based on a bare violation of a federal statute.


  • Cory L. Andrews, Senior Litigation Counsel, Washington Legal Foundation

The Court's Case on Texting and Class Actions: Campbell-Ewald Company v. Gomez - Podcast

Litigation Practice Group Podcast
Richard A. Samp October 15, 2015

Advertising agency Campbell-Ewald sent recruitment texts to Jose Gomez on behalf of the US Navy, violating a little-known law. When Mr. Gomez sued and attempted to get class certification, Campbell-Ewald offered to pay the statutory damages in full. In this upcoming case, the Supreme Court will consider whether or not Mr. Gomez has Article III standing: is there still a controversy since an offer for complete relief has been made? The answer to this question will have serious implications for a possible class action lawsuit against Campbell-Ewald, and for class actions more broadly.


  • Richard A. Samp, Chief Counsel, Washington Legal Foundation

Federal Class Action Rule Under Construction - Podcast

Litigation Practice Group Podcast
Brian T. Fitzpatrick, Mary Massaron September 30, 2015

The federal rulemakers have begun a wholesale reexamination of the rule on class actions, Federal Rule of Civil Procedure 23. Both the plaintiffs' bar and the defense bar have proposed significant changes. During this Teleforum, we discussed some of these proposals and explained where the rulemaking process is at the present time and how you can get involved to make your views known.


  • Prof. Brian Fitzpatrick, Professor of Law, Vanderbilt University Law School
  • Mary Massaron, Partner, Plunkett Cooney

Class Action Cases: The Term Ahead - Podcast

Litigation Practice Group Podcast
Warren Postman September 29, 2015

Class action litigation will be front and center at the Supreme Court this Term, with three potentially landmark cases—Spokeo v. Robins, Tyson Foods v. Bouaphakeo, and Campbell-Ewald v. Gomez—having been scheduled for argument in the fall. The Supreme Court will also soon consider several petitions for certiorari that raise additional class action issues over which the lower courts are divided. Warren Postman, Associate Chief Counsel at the U.S. Chamber Litigation Center, discussed the issues raised in these cases and their potential impact on class action litigation.


  • Mr. Warren Postman, Associate Chief Counsel for Litigation, U.S. Chamber of Commerce