Tyson

Key Lessons From the Tyson Decision

I’m sure many of you have now read or heard about the Supreme Court’s Tyson vs. Bouaphakeo decision on Tuesday upholding a Court of Appeals decision in the Eighth Circuit, which sides with Tyson workers at an Iowa pork-processing plant. The employees’ main grievance was that they did not receive mandated overtime pay for time spent “donning and doffing” protective equipment. In its attempt to …


Class-Action Suits Have a Shot in Post-Scalia Era

One of Justice Antonin Scalia’s chief policy concerns — some might call it an obsession — was class actions, which he saw as excuses for plaintiffs’ lawyers to make money by aggregating small individual claims to the detriment of corporate defendants. On Tuesday the U.S. Supreme Court hinted that, in Scalia’s absence, class-action law might not continue to be interpreted narrowly. It …


Supreme Court Upholds Worker Class-Action Suit Against Tyson

WASHINGTON — The Supreme Court on Tuesday sided with thousands of workers at an Iowa pork processing plant who had sought to band together in a single lawsuit to recover overtime pay from Tyson Foods. Justice Anthony M. Kennedy, writing for the majority in the 6-to-2 decision, said the plaintiffs were entitled to rely on statistics to prove their case. The ruling limited the sweep of the …


With Scalia Gone, Defendants Lose Hope for Class Action Reprieve

(Reuters) – Carter Phillips of Sidley Austin is one of the most experienced U.S. Supreme Court litigators in the country. According to his official bio, Phillips has argued 74 cases before the justices, more than anyone else in private practice, but if you hire Phillips, you’re not just paying for his quick thinking at the podium. You want his strategic advice about how – and whether – you can …