While this blog regularly discusses the requirements for class action certification and various cases which use those requirements. Recently we mentioned a class action against Comcast which is currently being considered by the Supreme Court to determine what is necessary for class certification. Along with the Comcast lawsuit is another class action lawsuit against the biotech company, Amgen, Inc. Amgen is getting sued by its investors for allegedly providing misleading information regarding the safety and effectiveness of its anemia drugs Aranesp and Epogen. Like Comcast, Amgen is claiming that the class of investors did not provide enough material evidence to qualify for certification.
In both cases, the federal appeals courts ruled that, for the purposes of certification, it is not necessary for the plaintiffs to prove damages. It is enough for them merely to prove that their claims are similar enough to render multiple individual lawsuits redundant. Proof of damages, according to the lower courts, should be held until the trial.
The cases of Comcast and Amgen have divided the Supreme Court. Some of the judges argue that to require plaintiffs to prove their case before achieving certification places too high a burden on the plaintiffs at a very early stage in the proceedings. Others argue that certification should be more difficult to attain, since a certified class puts pressure on defendants to reach a settlement. If the Supreme Court decides to rule in favor of the defendants, it would forever change the process of achieving class action certification.
The attorneys at the Chicago Overtime Law Center are investigating tip pool claims against Starbucks and other restaurant chains. If you are the victim this practice call us at (312) 869-4095 or contact us online.
The lawyers at the Chicago Overtime Law Center have decades of experience fighting for wage earner’s rights. We have a team of overtime attorneys who focus on nationwide class action lawsuits and work out of Chicago and Oak Brook offices. We protect unpaid workers who haven’t received overtime throughout the Chicago area including in DuPage, Kane and Cook Counties. Our River Forest and Oak Park overtime lawyers are intimately familiar with the issues that arise during wage claim litigation, and we know the laws that govern overtime cases well. Many employers misclassify employees as being exempt from overtime laws and pay workers salaries instead of hourly wages in order to avoid paying them overtime. Some employers mistakenly classify employees as exempt and others intentionally do so in order to circumvent the law. In either case, workers do not receive the wages they should, and a lawsuit may be the only way to recover their earned wages. The Chicago Overtime Law Center is based in Chicago, and represents clients throughout the country who have not been paid for the overtime hours that they worked. If you believe that you are owed overtime wages, contact one of our Chicago wage and hour attorney by phone at (312) 869-4095 or through our online form.