By Eden E. Anderson, Rebecca S. Bjork, and Gerald L. Maatman, Jr. Duane Morris Takeaways: On May 23, 2024, the U.S. Supreme Court issued its decision in Coinbase, Inc. v. Suski, Case No. 23-3 (2024). The Supreme Court held that,
Class Action & Mass Torts
Supreme Court Holds that District Courts Must Stay – Not Dismiss – Actions Brought by Parties Subject to Binding Arbitration Agreements
On May 16, 2024, the United States Supreme Court unanimously held that, when enforcing an arbitration clause subject to the Federal Arbitration Act (FAA), if any party requests a stay, the district court lacks discretion to dismiss the underlying lawsuit. The…
The Class Action Weekly Wire – Episode 56: Appeals In Class Action Litigation: Key Rulings In 2023 & 2024
Duane Morris Takeaway: This week’s episode of the Class Action Weekly Wire features Duane Morris partner Jerry Maatman and associate Tyler Zmick with their discussion of significant appellate decisions issued by courts throughout 2023 and 2024. Check out today’s episode…
Key Developments In Equal Pay Litigation: Appellate Courts Refuse To Clarify Proper Use Of A “One-Comparator Rule”
Seyfarth Synopsis: One issue that has consistently divided the federal courts is whether an equal pay plaintiff can establish a prima faciecase of wage discrimination by pointing to a single comparator of the opposite sex who…
Illinois Legislature Passes BIPA Amendment Limiting Violation Accrual
On May 16, both houses of Illinois’ legislature passed S.B. 2979, a significant amendment to the Illinois Biometric Information Privacy Act (BIPA). The bill states that an entity that, in more than one instance, obtains the same biometric identifier or…
Indiana Federal Court Certifies Issue Of Collective Certification Standard For Seventh Circuit Review
By Gerald L. Maatman, Jr., Jennifer A. Riley, and Derek S. Franklin Duane Morris Takeaways: On May 10, 2024, in Richards v. Eli Lilly & Co., et al., No. 1:23-CV-00242 (S.D. Ind. May 10, 2024), Chief Judge Tanya Walton Pratt…
Wisconsin Appellate Court Vacates Class Certification Order And Finds That Department Of Corrections Employees Are Not Entitled To Additional Pay
By Gerald L. Maatman, Jr., Jennifer A. Riley, and Ryan T. Garippo Duane Morris Takeaways: On May 15, 2024, in McDaniel, et al. v. Wisconsin Department of Corrections, No. 22-AP-1759, 2024 WL 2168148 (Wis. App. May 15, 2024), the Wisconsin Court…
Seventh Circuit Declines to Deepen Circuit Split on Incentive Awards
In Scott v. Dart, 99 F.4th 1076 (7th Cir. 2024), the Seventh Circuit held that incentive awards are sufficient to confer standing on named plaintiffs in appeals of class certification orders. In doing so, it declined to follow a recent…
Plaintiffs Win Conditional Certification In Gender Bias Lawsuit Against AstraZeneca
By Gerald L. Maatman, Jr., Jennifer A. Riley, and Christian J. Palacios Duane Morris Takeaways: On May 15, 2024, U.S. District Judge Sara Ellis of the U.S. District Court for the Northern District of Illinois conditionally certified a collective action…
Eleventh Circuit Vacates Approval Of GoDaddy TCPA Class Action Settlement
By Gerald L. Maatman, Jr., Jennifer A. Riley, Emilee Crowther, and Zachary J. McCormack Duane Morris Takeaways: In Drazen v. Pinto, No. 21-10199, 2024 U.S. App. 2024 LEXIS 11590 (11th Cir. May 13, 2024), the Eleventh Circuit vacated a district…