Retailers Brace for Upcoming Supreme Court Cases
Richmond partner David Anthony was quoted numerous times in an October 1 Law360 article about two cases that are scheduled to be heard by the U.S. Supreme Court when it reconvenes later this year; both cases could possibly have major impacts on retailers - one changing the standard for removing class actions to federal court and the other requiring stores to pay employees for time spent undergoing security checks.
In the first case – Dart Cherokee v. Owens – the court will hopefully set clearer guidelines as to the information defendants must provide in order to remove a proposed class action from state court to federal court under the Class Action Fairness Act (CAFA).
“… [D]efending a case in state court as opposed to federal court could have a significant impact on the outcome of a class action,” the article reported David saying. “Before CAFA … there was a sense that employers and companies had the playing field tilted against them by local juries, judges and procedural rules.”