24 Cited authorities

American Pipe Construction Co. v. Utah
414 U.S. 538 (1974) Cited 2,157 times 163 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"
Gulf Oil Co. v. Bernard
452 U.S. 89 (1981) Cited 1,452 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"
Longcrier v. HL-A Co.
595 F. Supp. 2d 1218 (S.D. Ala. 2008) Cited 180 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"
Kleiner v. First Nat. Bank of Atlanta
751 F.2d 1193 (11th Cir. 1985) Cited 340 times 1 Legal Analyses
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"
In re Currency Conversion Fee Antitrust Litig.
361 F. Supp. 2d 237 (S.D.N.Y. 2005) Cited 91 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”
Billingsley v. Citi Trends, Inc.
560 F. App'x 914 (11th Cir. 2014) Cited 65 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"
Russell v. Citigroup, Inc.
748 F.3d 677 (6th Cir. 2014) Cited 31 times 3 Legal Analyses
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
Mevorah v. Wells Fargo Home Mortgage, Inc.
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
Zamboni v. Pepe W. 48th St. LLC
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"
Balasanyan v. Nordstrom, Inc.
Case No. 11-cv-2609-JM-WMC (S.D. Cal. Mar. 8, 2012) Cited 22 times
Rejecting "bright line rule" that would focus on whether a communication specifically mentions the lawsuit
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 35,909 times 1251 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"
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 23,110 times 16 Legal Analyses
Providing for service via CM/ECF Systems
Section 201 - Short title
29 U.S.C. § 201 Cited 21,383 times 104 Legal Analyses
Setting fourteen as the minimum age for most non-agricultural work
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 16,189 times 61 Legal Analyses
Specifying prohibited activities
Section 1 - "Maritime transactions" and "commerce" defined; exceptions to operation of title
9 U.S.C. § 1 Cited 12,178 times 211 Legal Analyses
Defining the word "commerce" in the language of the Commerce Clause itself

Valverde v. Xclusive Staffing, Inc. et al

24 Cited authorities

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"

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"

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"

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”

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

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

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"

Rejecting "bright line rule" that would focus on whether a communication specifically mentions the lawsuit

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"

Providing for service via CM/ECF Systems

Setting fourteen as the minimum age for most non-agricultural work

Specifying prohibited activities

Defining the word "commerce" in the language of the Commerce Clause itself