Jacob v. Duane Reade, Inc.- Certifying a Class as to Liability Only?

Spade, John R.
September 2015
American Journal of Trial Advocacy;2015, Vol. 38 Issue 3, p585
Academic Journal
The article discusses the U.S. District Court for the Southern District of New York's ruling in the case Jacob v. Duane Reade Inc. which deals employee misclassifications, overtime compensation, and an assessment of whether Rule 23(c)(4) of the U.S. Federal Rules of Civil Procedure case be employed to certify a class as to liability only. Damage formulas, America's Fair Labor Standards Act, and the U.S. Supreme Court class action-related case Comcast Corp. v. Behrend are assessed.


Related Articles

  • COMCAST CORP. V. BEHREND: COMMON QUESTIONS VERSUS INDIVIDUAL ANSWERS--WHICH WILL PREDOMINATE? Jacobs, Daniel // Loyola of Los Angeles Law Review;2014, Vol. 47 Issue 2, p505 

    The article discusses common questions and individual answers in relation to the U.S. Supreme Court case Comcast Corp. v. Behrend which deals with the decertification of a class of cable television service subscribers in the Philadelphia Designated Market Area (DMA). Class certification and...

  • Tightening the Noose on Class Certification Requirements (II): Is Admissible Evidence Required at Class Certification? Mullenix, Linda S. // Preview of United States Supreme Court Cases;10/29/2012, Vol. 40 Issue 2, p77 

    The article discusses the court case Comcast Corp. et al. v. Behrend et al, wherein the U.S. Supreme Court is asked to determine whether Comcast's appeal should be heard in light of a settlement or whether the firm preserved a class certification issue for appeal. Facts about the antitrust class...

  • Shifts in Class Action Trends. McDonald, Caroline // Risk Management (00355593);Dec2013, Vol. 60 Issue 10, p8 

    The article discusses the trends in class action lawsuits. According to the author, the number of suits, targeting data privacy legislation, food industry, patent trolls and beverage companies, is increasing. Examples of such lawsuits as of Wal-Mart v. Duke and Comcast v. Behrend are also...

  • THE ROBERTS COURT AND THE END OF THE ENTITY THEORY. Trask, Andrew J. // Akron Law Review;2015, Vol. 48 Issue 4, p1 

    The article discusses the U.S. Supreme Court's (USSC's) rulings in various class action-related cases under the leadership of USSC Chief Justice John Roberts as of 2015, and it mentions the impacts of the court's judgments on the entity theory of class actions. Class certification claims are...

  • "CARVING AT THE JOINTS": USING ISSUE CLASSES TO REFRAME CONSUMER CLASS ACTIONS. Smith, Jenna C. // Washington Law Review;Oct2013, Vol. 88 Issue 3, p1187 

    Achieving class certification in consumer litigation is a highly controversial and greatly debated area of civil procedure. Historically, certification under Federal Rule of Civil Procedure 23(b)(3) has been difficult to achieve due to the tension between the presence of individual issues and...

  • THE CLASS ABIDES: CLASS ACTIONS AND THE "ROBERTS COURT". Cabraser, Elizabeth J. // Akron Law Review;2015, Vol. 48 Issue 4, p1 

    The article discusses the prosecution and defense of various class action claims under Rule 23 of the U.S. Federal Rules of Civil Procedure during the first 10 years of U.S. Supreme Court Chief Justice John Roberts' tenure as the head of the nation's top court, and it mentions the concept of...

  • HOP Energy LLC v. Local 553 Pension Fund.  // Benefits & Compensation Digest;Dec2010, Vol. 47 Issue 12, p57 

    The article discusses a court case where plaintiff contested the withdrawal liability assessed by defendant multiemployer pension plan (the plan). The plaintiff was a participating employer in the plan and stopped making contributions to the plan after it sold a portion of its assets to another...

  • Employee Class Actions Four Years After Wal-Mart v. Dukes. Reed, Terrence; Harding, Jacqueline; Kelly, William // Defense Counsel Journal;Jul2015, Vol. 82 Issue 3, p255 

    The article focuses on the impact of decision of the U.S. Supreme Court in the case Wal-Mart Stores, Inc. v. Dukes related to discrimination in employment on class actions in employment law. Topics discussed include use of the Rule 23(b)(2) of Federal Rule of Civil Procedure as alternative means...

  • PwC Settles AIG Class Action for $97.5 Million.  // Public Accounting Report;10/15/2008, Vol. 32 Issue 19, p1 

    The article reports on the settlement of the class-action securities fraud lawsuit by the American International Group Inc. against professional services firm PricewaterhouseCoopers LLP. The firm paid $97.5 million to the state of Ohio for the settlement, which is the largest financial...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics