MOTION for Protective Order TO PROVIDE CORRECTIVE NOTICE, TO STRIKE ARBITRATION REQUIREMENT TRANSMITTED TO PUTATIVE CLASS MEMBERS, AND FOR ATTORNEYS FEES AND COSTS
414 U.S. 538 (1974) Cited 2,141 times 162 Legal Analyses
Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"
452 U.S. 89 (1981) Cited 1,446 times 11 Legal Analyses
Holding that, in considering a proposal to certify a class, the district court's discretion is "bounded by the relevant provisions of the Federal Rules"
595 F. Supp. 2d 1218 (S.D. Ala. 2008) Cited 179 times
Holding that to deem the delay in ruling upon a motion for certification extraordinary "would be to opine that equitable tolling should be granted in every § 216(b) case as a matter of course during the pendency of a conditional class certification request, thereby transforming this extraordinary remedy into a routine, automatic one"
Holding that a district court's power to manage a class action included the power to prohibit a defendant from making "unsupervised, unilateral communications with the plaintiff class"
361 F. Supp. 2d 237 (S.D.N.Y. 2005) Cited 90 times
Holding arbitration clauses offered by defendant credit card companies during litigation was coercive and unenforceable where “the potential class consisted of cardholders who depended on defendants for their credit needs”
560 F. App'x 914 (11th Cir. 2014) Cited 64 times 1 Legal Analyses
Holding that a district court did not abuse its discretion in allowing "putative collective action members to join the lawsuit notwithstanding their coerced signing of the arbitration agreements"
Holding an arbitration provision in a new employment agreement entered into mid-litigation did not evict a pending lawsuit from court in part because the employer-defendant failed to direct the agreement to plaintiff's litigation counsel
No. C 05-1175 MHP (N.D. Cal. Nov. 17, 2005) Cited 35 times
Ordering various actions, including the cessation of unapproved pre-certification communications with potential class members, to correct any inaccurate impression created by the defendant's misleading and improper pre-certification communications
12 Civ. 3157 (AJN) (JCF) (S.D.N.Y. Mar. 12, 2013) Cited 23 times
Recognizing that "[i]n some circumstances where there is an ongoing and unequal business or employment relationship between the parties, communications may be deemed inherently coercive"
Fed. R. Civ. P. 23 Cited 35,573 times 1241 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"