On the heels of its ruling in Shady Grove regarding the inapplicability of state procedural rules in federal court (discussed here), on April 19, 2010, the Supreme Court issued a decision reviving another dismissed class action. In Holster v. Gatco Inc., Case Number 08-1307, the Court granted the appeal petition of an individual
shady grove
Supreme Court Expands Relief Available in New York State Law Class Actions Filed In Federal Court
By Noel P. Tripp on
Posted in Class Actions, New York State
The Supreme Court dealt a blow to New York wage-and-hour defendants sued in federal court last week, overruling established precedent requiring plaintiffs bringing New York Labor Law (“Labor Law”) class actions in federal court to waive the 25% liquidated damages “penalty” in order to proceed on a class basis. In Shady Grove Orthopedic Assocs., P.A. …