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Archives for November 2015

Missouri District Court Joins the List: Unaccepted Rule 68 Offer Does Not Moot Claims

by Amy Lane Hurwitz and Gary M. Pappas

Yet another court has found that an unaccepted Rule 68 Offer of Judgment will not moot a putative class action, even where the offer purports to satisfy all of plaintiff’s demands. Plaintiffs sued in the Eastern District of Missouri and proposed to represent a class of at least 60 former joint venture general managers of Panera Bread Company whose buyout payments from Panera were allegedly capped at an amount lower than that to which they contractually agreed. Plaintiffs ... Keep Reading »

California District Court Holds Class Action Alleging Securities Act Claims Not Removable Under SLUSA

by Jacob R. Hathorn

The United States District Court for the Northern District of California recently clarified the criteria for removal of a securities class action filed in state court under the Securities Act of 1933, 15 U.S.C. §§ 77a, et seq. (the “Securities Act”). Under the Securities Act’s anti-removal provision, state and federal courts generally have concurrent jurisdiction over Securities Act claims, but a Securities Act claim initially filed in state court cannot be removed to ... Keep Reading »

Northern District of Texas Won’t Certify Class of GM Employees Alleging Religious Accommodation Claims

by Carlton Fields

The U.S. District Court for the Northern District of Texas refused certify a class of GM employees alleging Title VII religious accommodation claims because the class was not ascertainable and plaintiffs failed to satisfy the numerosity and commonality requirements of Rule 23(a). Plaintiffs are members of different religious groups that observe certain holy days on which members are prevented from working and accepting compensation. They alleged that GM failed to ... Keep Reading »

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