§Why CasetextPricing

Evans v. Wal-Mart Stores, Inc.

REPLY to Response to 70 Motion to Certify Class

19 Cited authorities

  1. Wal-Mart Stores, Inc. v. Dukes

    564 U.S. 338 (2011)   Cited 6,629 times   505 Legal Analyses
    Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”

  2. Tyson Foods, Inc. v. Bouaphakeo

    577 U.S. 442 (2016)   Cited 1,178 times   80 Legal Analyses
    Holding "persuasiveness is, in general, a matter for the jury" and not grounds for denying class certification unless "no reasonable juror could have believed" plaintiffs' evidence of an essential element of their claim

  3. Eisen v. Carlisle Jacquelin

    417 U.S. 156 (1974)   Cited 3,760 times   22 Legal Analyses
    Holding that individual notice to class members identifiable through reasonable efforts is mandatory in (b) actions

  4. Staton v. Boeing Co.

    327 F.3d 938 (9th Cir. 2003)   Cited 1,924 times   6 Legal Analyses
    Holding that "named plaintiffs ... are eligible for reasonable incentive payments" in addition to reimbursement "for their substantiated litigation expenses, and identifiable services rendered to the class directly under the supervision of class counsel"

  5. Blackie v. Barrack

    524 F.2d 891 (9th Cir. 1975)   Cited 1,136 times   8 Legal Analyses
    Holding that the need to determine individualized damages does not defeat class certification

  6. Caridad v. Metro-North Commuter Railroad

    191 F.3d 283 (2d Cir. 1999)   Cited 444 times   1 Legal Analyses
    Holding constructive discharge not a tangible employment action

  7. United Steel v. Conocophillips Co.

    593 F.3d 802 (9th Cir. 2010)   Cited 286 times   1 Legal Analyses
    Holding that the district court “abused its discretion by declining certification based on the possibility that plaintiffs would not prevail on the merits on their ‘on duty’ theory,” where the plaintiffs' theory was that certain restrictions on their meal breaks made the meals “on duty” under California law

  8. U.S. v. Moored

    38 F.3d 1419 (6th Cir. 1994)   Cited 361 times
    Holding that the law-of-the-case doctrine is inapposite after a general remand

  9. Moore v. Hughes Helicopters, Inc.

    708 F.2d 475 (9th Cir. 1983)   Cited 233 times
    Holding that "it is improper to advance a decision on the merits to the class certification stage"

  10. Schweizer v. Trans Union Corp.

    136 F.3d 233 (2d Cir. 1998)   Cited 106 times
    Holding that "[t]he decision to award summary judgment before acting on class certification was well within the discretion of the district court"

  11. Section 1927 - Counsel's liability for excessive costs

    28 U.S.C. § 1927   Cited 8,830 times   81 Legal Analyses
    Granting courts the power to charge "excess costs, expenses, and attorneys' fees reasonably incurred" due to "unreasonabl[e] and vexatious" conduct

  12. Section 608.050 - Wages to be paid at termination of service: Penalty; employee's lien

    Nev. Rev. Stat. § 608.050   Cited 21 times
    Providing for waiting time penalties "in the sum agreed upon in the contract of employment"

  13. Section 608.012 - "Wages" defined

    Nev. Rev. Stat. § 608.012   Cited 6 times
    Defining wages as "[t]he amount which an employer agrees to pay an employee for the time the employee has worked, computed in proportion to time"