Bar Exam Toolbox Podcast Episode 138: Listen and Learn -- Hearsay Exceptions: Prior Testimony and Past Recollection Recorded
Law School Toolbox Podcast Episode 296: Listen and Learn -- Hearsay Exceptions: Government and Business Records
Cette newsletter présente quatre décisions de jurisprudence rendues au cours des derniers mois: L’employeur peut utiliser le contenu de clés USB personnelles pour prouver une faute grave (Cass. soc., 25 septembre 2024,...more
This newsletter presents four case law decisions handed down over the past few months: The employer can use the content of personal USB drives to prove gross misconduct (Cass. soc., September 25, 2024, No. 23-13.992)...more
This month’s key California employment law cases involve wage and hour and discrimination issues. Wage & Hour - Batze v. Safeway, Inc., 10 Cal. App. 5th 440, 216 Cal. Rptr. 3d 390 (2017) - Summary: While determination of...more
Minor league baseball players took a swing at class certification, and they missed—badly. In Senne v. Kansas City Royals Baseball Corp., et al., minor league baseball players across the country asserted wage and hour...more
The Supreme Court of the United States issued decisions in five cases today: RJR Nabisco, Inc. v. European Community, No. 15-138: The European Union and 26 of its members filed an action in District Court against...more
On March 22, the Supreme Court issued its decision in Tyson Foods, Inc. v. Bouaphakeo. For those unfamiliar with the case, Tyson Foods is a Fair Labor Standards Act (FLSA) case that involved an alleged failure to pay...more
Plaintiffs can count the first class action decision to be issued by the U.S. Supreme Court since the death of Justice Scalia as a win; although, they did not receive broad authorization to proceed carte blanche, as some had...more
In a much-anticipated decision, the U.S. Supreme Court recently affirmed a $2.9 million judgment in a class action for unpaid overtime wages against Tyson Foods Inc. (Tyson) in which employee class members relied on...more
In 6-2 decision, the US Supreme Court rejected a challenge to a jury verdict in Tyson Foods v. Bouaphakeo but declined to impose a broad rule for use of representative evidence. On March 22, the US Supreme Court affirmed...more
The Supreme Court’s recent decision in Tyson Foods v. Bouahapeko affirms the use, in some circumstances, of “representative” statistical evidence that produced average times for donning and doffing personal protective gear,...more
Last week’s Quick Study observed that the U.S. Supreme Court in Tyson Foods, Inc. v. Bouaphakeo, 2016 WL 1092414 (Mar. 22, 2016) decided the class-certification issues on fairly narrow grounds. Specifically, “representative...more
On March 22, 2016, the Supreme Court issued a decision permitting class plaintiffs to rely on "representative" or "sample" evidence to satisfy the prerequisites to class certification and certain elements of their claims. ...more
The United States Supreme Court recently ruled in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, --- S. Ct. ---, 2016 WL 1092414 (U.S. Mar. 22, 2016), as to when a plaintiff may use statistical sampling in seeking to certify a...more
The Supreme Court’s recent decision in a Fair Labor Standards Act (FLSA) class action against Tyson Foods is an important reminder that employers must be aware that certain pre- or post-employment activities are compensable...more
The Supreme Court issued its decision in Tyson Foods, Inc. v. Bouaphakeo on March 22, 2016. The Court held that a group of employees in a class action could use a statistical study to establish the employer’s liability for...more
While the Supreme Court in Tyson Foods, Inc. v. Bouaphakeo dashed employers’ hopes that the Court would broadly preclude statistical evidence and severely limit wage and hour class actions in a fashion similar to its...more
In Tyson Foods, Inc. v. Bouaphakeo, 577 U.S. __ (2016), the Supreme Court considered whether a case could proceed as a class action under Rule 23(b)(3) when the plaintiffs relied upon statistical, representative evidence to...more
In a decision that comes as a surprise to many observers, the U.S. Supreme Court held this week in Tyson Foods, Inc. v. Bouaphakeo et al. that plaintiffs can use representative evidence in a donning and doffing class or...more
The United States Supreme Court ruled Tuesday that Tyson Foods employees could use representative evidence to establish liability and damages for class certification purposes. The opinion gives the plaintiffs’ class action...more
On March 22, 2016, the United States Supreme Court affirmed the certification of a class of Tyson Foods employees under Rule 23(b)(3) and a collective action under the Fair Labor Standards Act (FLSA). The Court held that...more
The U.S. Supreme Court has held that statistical sampling may be proper in some contexts in its long-awaited decision in Tyson Foods, Inc. v. Bouaphakeo. The case involves the use of statistical sampling by plaintiffs in...more
Yesterday, the U.S. Supreme Court issued a 6-2 decision affirming a $2.9 million judgment against Tyson Foods, Inc. in an employment overtime pay case where statistical sampling was used to establish classwide liability and...more
The U.S. Supreme Court largely avoided important class-certification issues and resolved Tyson Foods, Inc. v. Bouaphakeo on narrow grounds. 2016 WL 1092414 (Mar. 22, 2016). The Court affirmed a classwide jury verdict for...more
In Tyson Foods, Inc. v. Bouaphakeo, et al., the United States Supreme Court affirmed a judgment in favor of a class of Tyson employees, holding that averaged statistical analysis or so-called “representative evidence”...more
On Tuesday, March 22, 2016, the United States Supreme Court affirmed a $5.8 million dollar judgment against Tyson Foods Inc. in a class and collective action filed by workers claiming uncompensated time donning and doffing...more