As we previously reported, employers generally have found success when the United States Supreme Court takes up questions about the arbitrability of workplace disputes. The unanimous decision in Southwest Airlines Co. v. Saxon bucks that trend, holding that those who load cargo onto airplanes engaged in interstate travel are exempt from the Federal Arbitration Act
Illinois Supreme Court Holds Workers’ Compensation Act Does Not Bar BIPA Claims
Seyfarth Synopsis: The Illinois Supreme Court issued its long-awaited decision in McDonald v. Symphony Bronzeville Park, LLC, et al., 2022 IL 126511 (Feb. 3, 2022), holding that claims for statutory damages against an employer under the Illinois Biometric Information Privacy Act (“BIPA”) are not preempted by the exclusivity provisions of the Illinois Workers’ Compensation
Universities Prevail On Technicality In First Ruling Testing Viability Of COVID-19 Room And Board Refund Class Actions
Seyfarth Synopsis: In the first ruling in response to the slew of room and board refund class actions 
filed in the wake of COVID-19, on July 29, 2020, in Rosenkrantz v. Arizona Board of Regents, No. 2:20-CV-01203 (D. Ariz.), Judge John Tuchi of the U.S. District Court for the District of Arizona granted the
Fourth Circuit Affirms $61 Million Treble Damages Award in TCPA Class Action Against Marketing Agency’s Customer
Seyfarth Synopsis: On May 30, 2019, the Fourth Circuit issued an opinion in Krakauer v. Dish Network, L.L.C., No. 18-1518 (4th Cir. May 30, 2019), that paved the way for TCPA plaintiffs to collect historic awards from unsuspecting defendants. The Fourth Circuit held that TCPA plaintiffs need not show any threshold level of injury
Court Denies Out-Of-The-Gate Motions For Class Certification Of TCPA Complaints Based On Lack Of Numerosity
Introduction
Following the Seventh Circuit’s decision in Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), Plaintiff’s counsel typically file motions for class certification along with their Complaints to prevent Defendants from using Rule 68 offers of judgment to “moot” the individual claims of their class representatives and derail the class action.
The
Acknowledging Circuit Split, District Court Holds That Offer Of Judgment Does Not Moot TCPA Class Claims
On July 15, 2013, Judge David O. Carter of the U.S. District Court for the Central District of California
entered an opinion in Craftwood II, Inc. v. Tomy International, Inc., No. SA CV 12-1710 (C.D. Cal.), denying defendant’s motion for summary judgment and rejecting defendant’s argument that its offer of judgment mooted plaintiff’s claims.