By Andrew H. Perellis, Alex W. Karasik, and Patrick D. Joyce

Seyfarth Synopsis: In a toxic tort class action stemming from automotive and dry cleaning facilities’ alleged contamination of groundwater near Dayton, Ohio, the Sixth Circuit affirmed an Ohio federal district court’s grant to certify seven common issues for classwide treatment under Rule

By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen

iStock_000042612884_MediumSeyfarth Synopsis: The Eighth Circuit found that a class action could not be sustained in an environmental pollution case because “the class lacks the requisite commonality and cohesiveness to satisfy Rule 23.”

In Karl Ebert v.  General Mills, Inc., No.

By Geoffrey C. Westbrook and Joshua M. Henderson

Just when one might have thought California employment law couldn’t get any stickier for employers, in January 2014 the California Legislature turned up the heat by expanding meal and rest break penalty provisions. Now there’s a new penalty for failure to provide “cool-down,” or recovery, periods to

By Andrew H. Perellis

Where individual questions overwhelm questions common to the class, a class action cannot be maintained. This simple concept has met with mixed results when applied to the question of whether a class action can proceed for claims based on contaminated groundwater underlying the property of putative class members.

The determination of

By Andrew H. Perellis

Can a toxic tort class action be maintained where class certification was denied in a materially similar case?

As noted in an item posted by our partners in The Workplace Class Blog, in Baker v Home Depot USA, Inc., No 11-CV-06768 (N.D. Illinois, Jan. 24, 2013), the court granted

We wanted to take a short break from our regular blogging as congratulations are in order. Our colleagues in Seyfarth’s Wage and Hour Litigation Practice Group have authored the first-of-its-kind treatise on wage and hour litigation. The book, titled “Wage & Hour Collective and Class Litigation,” has been published by American Lawyer Media’s Law Journal