Category Archives: Multidistrict Litigation
U.S.Jud.Pan.Mult.Lit.: 4 Off-the-Clock Cases Against Foot Locker Centralized to Venue of First-Filed Case
In re: FOOT LOCKER, INC. These proceedings were before the Multi District Panel, pursuant to 28 U.S.C. § 1407. The defendants (Foot Locker) moved to centralize several pending cases, all arising from similar claims, in the Eastern District of Pennsylvania. At … Continue reading
Filed under Multidistrict Litigation
S.D.N.Y.: Although Elements of First-Filed Rule Satisfied, Court Declines to Transfer Second-Filed Case Due to Lack of Progress of First-Filed Case
Pippins v. KPMG LLP This case was before the court on defendant’s motions to dismiss the case under the first-filed rule, or in the alternative to transfer the case to the site of the first-filed case, as well as defendant’s … Continue reading
Filed under Collective Actions, Multidistrict Litigation
E.D.Mo.: First-Filed Rule Inapplicable to FLSA Case For A Variety of Reasons
Arnold v. DirecTV, Inc. This FLSA putative collective action was before the court on defendants’ motion to dismiss. The opinion is of interest, because it discusses an issue raised more and more frequently in recent years, given the proliferation of … Continue reading
Filed under Collective Actions, Multidistrict Litigation
U.S.Jud.Pan.Mult.Lit.: 12 Cases Against Bank of America For “Personal Bankers” Claiming Off-the-Clock Work Transferred to Kansas For Discovery, Because First-Filed There, Central Location, Lighter Docket And Capable Judge
In re Bank of America Wage and Hour Employment Practices Litigation Defendants Bank of America moved, pursuant to 28 U.S.C. § 1407, for coordinated or consolidated pretrial proceedings of this litigation, consisting of 12 different related actions, in the Central … Continue reading
Filed under Multidistrict Litigation
U.S.Jud.Pan.Mult.Lit.: First-Filed Venue Best Venue For FLSA MDL, Since Discovery Is Well Underway
In re Sepracor Inc. Fair Labor Standards Act (FLSA) Litigation Defendant Sepracor Inc. (Sepracor) moved, pursuant to 28 U.S.C. § 1407, for coordinated or consolidated pretrial proceedings of this litigation in the Middle District of Florida or, alternatively, the District … Continue reading
Filed under Multidistrict Litigation
U.S.Jud.Pan.Mult.Lit.: 7 “Assistant Manager” Misclassification Cases Against Enterprise Rent-A-Car Suitable For Centralization
In re Enterprise Rent-A-Car Wage & Hour Employment Practices Litigation Before the Multidistrict Litigation Panel was Plaintiff in an action pending in the Northern District of Illinois’ ( Averill ) Motion, pursuant to 28 U.S.C. § 1407, for centralization of … Continue reading
Filed under Multidistrict Litigation
U.S.Jud.Pan.Mult.Lit.: Declines to Consolidate Actions Pending In 2 Different Districts
In re: U.S.A. Exterminators, Inc., Fair Labor Standards Act (FLSA) Litigation Considering Defendant’s unopposed Motion to Consolidate 2 actions, one pending in the E.D.N.Y. and the other pending in the S.D.N.Y., the Court denied the Motion. The Multidistrict Panel reasoned … Continue reading
Filed under Multidistrict Litigation