Defense Can’t Have it Both Ways: Plaintiffs Need a Fair Shot at Discovery Before Defendants Move to Deny Certification

September 17, 2014

In the ever-evolving field of class action law, defense counsel are becoming more creative with their attempts to defeat class certification.  From preemptive motions to strike plaintiffs’ class allegations at the very beginning of the case, to creating a new

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No Policy? No Problem: How Commonality Incentivizes Subjective Action

September 15, 2014

There is no denying the shortcomings of urban public education in America. In Chicago, high school graduation rates hover just over 50%, with 79% of its 8th graders labeled “Not Proficient” in reading on National Assessment of Educational Progress (NAEP)

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Following the Proof, Post-Wal-Mart

August 18, 2014

          In the three years since the Supreme Court issued its decision in Wal-Mart Stores Inc. v. Dukes, 131 S.Ct. 2541 (2011), lawyers representing workers in class actions have faced a recurring theme from defendants: employers

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Two Minutes for Discriminating: The Newest Penalty for Federally-Contracted Companies

August 15, 2014

Consumers and workers rejoice while large corporations wallow. Just two weeks ago, President Barack Obama signed an executive order that not only tackles labor law-breaking companies, but also prohibits mandatory arbitration to settle workplace discrimination and civil rights grievances. The

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Time to Block “Glocks vs. Docs”

August 08, 2014

At a time when gun violence is running rampant in Chicago and across the nation, I am floored by the 11th Circuit’s decision to vacate an injunction against enforcement of Florida’s Firearm Owners Privacy Act (“Act”).[1] The Act, also known

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The Latest Fight Over the State-Action Antitrust Immunity Doctrine

August 05, 2014

Last week, the Federal Trade Commission (“FTC”) submitted its brief urging the Supreme Court to deny antitrust immunity to the North Carolina State Board of Dental Examiners (“Board”).  Years ago, the Board had barred non-dentists from providing teeth-whitening services, prompting

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Victims With No Redress: The Recent Rise and Fall of Data Breach Class Actions

July 24, 2014

Earlier this week, the e-commerce website e-Bay was sued in federal court in Louisiana for allegedly failing to implement adequate security measures to protect the identities of its millions of customers.  e-Bay announced in May that there had been unauthorized

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The 2014 ABA Law Blawg 100: Cast A Vote For Wexler Wallace

July 24, 2014

Since its inception in 2010, the Wexler Wallace blog has endeavored to be a site that informs consumers, businesses and the legal community alike to the issues of the day that affect our readers and our practice. We’ve written about

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The Fallout from Hobby Lobby

July 18, 2014

On June 30, 2014, the United States Supreme Court handed down a landmark ruling in Burwell et al. v. Hobby Lobby Stores, Inc., et al. that has triggered a tidal wave of responses and opinions.  Under the Affordable Care Act (ACA),

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The High Price of Easy Money: Another Bill Comes Due

July 01, 2014

Consider the following: Banks lure consumers into substantial loans in return for minor payments in the near-term. The loan payments eventually adjust to include both the interest and principal amount. Consumers lack the resources to cover the higher payments; a

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