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Category Archive for: ‘Class Actions’

Sakkab v. Luxottica Retail – 9th Circuit Holds FAA Does not Preempt Iskanian and PAGA

In a victory over mandatory arbitration, the 9th Circuit panel reversed the United States District Court’s Order granting Luxottica Retail North America’s motion to compel arbitration of claims and dismissing the remainder of plaintiff’s first amended complaint in a putative class action raising class Labor Code claims and a non-class representative claim for civil penalties under the Private Attorney General …

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Court Grants Final Approval of Class Action Settlement

In a rare case of a class action brought against a Government entity for California Labor Code violations for failure to reimburse necessary school supplies and expenses under Labor Code section 2802 as well as a breach of written employment contract, on September 22, 2015, Judge John M. Pacheco of the San Bernardino Superior Court Granted Plaintiff Dora Alcaraz’s motion …

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Duran v. US Bank: Supreme Court Reverses Certification and Judgment for Employees, Sets Methods of Proof in Class Action Trials

The California Supreme Court this morning issued its decision in the much anticipated Duran v. US Bank, N.A. The decision reverses the judgment for the plaintiffs. The Court’s introduction reads as follows: We encounter here an exceedingly rare beast [in the Quintilone & Associates tried a class action last year is also rare]: a wage and hour class action that …

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Bradley v. Networkers International – Court Directed to Certify Employee Class Action

  Three (3) plaintiffs filed a class action complaint against Networkers International, LLC, alleging violations of wage and hour laws including those governing overtime pay, rest breaks, and meal breaks.  Plaintiffs moved to certify the class, but the court denied the motion, concluding plaintiffs did not meet their burden to show common factual and legal questions would predominate over individual …

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Court of Appeal Holds Arbitration and Class Action Waiver Unenforceable in Employment Law Case

In Franco v. Arakelian Enterprises (LASC Case No. B232583 Decided 11/26/12) the Court of Appeal held an employee’s arbitration and class action waiver unenforceable in an employment law case and allowed the class action to proceed in Court. On April 9, 2007, plaintiff Edixon Franco filed a class action complaint against Athens Disposal Company, Inc., dba Athens Services. The employer …

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The California Supreme Court Announces Big Brinker Decision for Employees

The California Supreme Court just announced a big class action employment decision in Brinker Rest. Corp. v. Superior Court. The decision clarifies some laws as they pertain to employers and employees, and sets forth a simple three part test for meal period compliance. The Court specifically held that employer satisfies [its meal period compliance] obligation if it (1) relieves its …

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Second District Refuses to Apply Concepcion to PAGA

The U.S. Supreme Court ruling in AT&T Mobility LLC v. Concepcion, abrogating California decisional law invalidating class action waivers in consumer arbitration agreements to which the FAA applies, does not apply to representative actions under the PAGA. The CA Second Apellate Dist, Div 5 (Los Angeles) held the Trial court erred in invalidating class action waiver in plaintiff’s employment agreement absent the showing of any basis not to enforce this provision and remand the case for the trial court to determine whether to sever the unenforceable provision in the arbitration agreement waiving plaintiff’s right to pursue a PAGA representative action or whether to refuse to enforce the entire arbitration agreement or parts of it.

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Quintilone & Associates focuses in Class Actions, Employment Law, Personal Injury, and Business Litigation in Orange County, CA area.