Proskauer on Class and Collective Actions
Elise M. Bloom

Elise M. Bloom

Partner

Elise M. Bloom is a member of Proskauer’s Executive Committee, co-head of the Class & Collective Actions Group and former co-chair of the Labor & Employment Law Department. During her tenure as co-chair, the department was named one of the top three U.S. labor and employment practices by The American Lawyer, ranked by Chambers Global 2014 as Band 1 in the U.S. and by Chambers USA 2014 as Band 1 Nationwide, and recipient of the Chambers USA 2012 Award for Excellence.

Elise is recognized as one of the leading employment lawyers and was named "Best in Labor & Employment" at Euromoney’s 2016 and 2014 Americas Women in Business Law Awards. Most recently, Elise was named one of New York Law Journal's 2016 Top Women in Law which recognizes those making strides to push the legal profession forward for women. She is also widely considered to be one of the most creative and effective Wage & Hour Collective Action defense lawyers in the U.S., as demonstrated by the fact that she was recently named as one of the top five Class Action "Most Valuable" lawyers by Employment Law360. Elise defends employers against individual and class actions brought under federal and state anti-discrimination laws as well as against collective and class action claims alleging wage and hour violations under federal and state law.

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Seventh Circuit Affirms Denial of Class Certification for Failure to Show Commonality under Dukes in Vacation Pay Suit

Last week, in McCaster et al. v. Darden Restaurants, Inc. et al., No. 15-3258 (7th Cir. Jan. 5, 2017), the Seventh Circuit relied on Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011) and affirmed the district court’s denial of class certification of Plaintiffs’ claims for vacation pay under state law.  The Seventh Circuit’s reliance … Continue Reading

Supreme Court Takes Away a Class Action Defense Tool That We Couldn’t Really Use Anyway

Yesterday, the Supreme Court held in Campbell-Ewald Co. v. Gomez, No. 14-857 (U.S. Jan. 20, 2016), that when a defendant makes an offer to resolve the named plaintiff’s claim for full value, but the plaintiff turns it down, the case is not moot, and simply proceeds. Campbell-Ewald had argued that since it had offered to … Continue Reading

Second Circuit Revives Contract Attorney’s Misclassification Suit

On July 23, 2015, the Second Circuit, in Lola v. Skadden, Arps, Slate, Meagher & Flom LLP, Tower Legal Staffing, Inc., revived a putative collective action brought by David Lola, a contract attorney, against Skadden and Tower Legal Staffing, Inc., alleging violations of the overtime provisions of the Fair Labor Standards Act.  The Second Circuit … Continue Reading

Second Circuit Adopts The “Highly Individualized” Primary Beneficiary Test In Unpaid Intern Lawsuits

On July 2nd, the United States Court of Appeals for the Second Circuit issued its decisions in Glatt et al. v. Fox Searchlight Pictures, Inc. et al. and Wang et al.  v. The Hearst Corp., the two unpaid intern lawsuits heard in tandem by the court on January 30, 2015.  The court’s opinion in Glatt, … Continue Reading

Former Dukes Class Members Foiled by Eleventh Circuit’s “No Piggybacking” Rule

Former Wal-Mart Stores, Inc. v. Dukes class members were dealt another blow this week when Southern District of Florida District Judge Robert N. Scola, Jr. granted Wal-Mart’s motion to dismiss more regionally-focused class claims that had been brought by certain members of the doomed Dukes class.  In Love v. Wal-Mart Stores, Inc., No. 12-61959-Civ-SCOLA (S.D. … Continue Reading

Plaintiffs Once Again Denied Class Certification in Dukes v. Wal-Mart Stores, Inc.

In the latest chapter in what is now a twelve-year legal battle, plaintiffs seeking to bring gender-based disparate treatment and disparate impact claims against Wal-Mart with regard to the retail giant’s pay and promotion decisions were again denied class certification in Dukes v. Wal-Mart Stores, Inc., No. CV 01-022520-CRB (N.D. Cal. Aug. 2, 2013).  Following … Continue Reading

Supreme Court Tightens Class Action Rules, Rejecting Class Composed of 1.5 Million Wal-Mart Employees

In Wal-Mart Stores, Inc. v. Dukes, No. 10-277 (U.S. June 20, 2011), the Supreme Court vacated class certification as to 1.5 million current and former Wal-Mart employees who failed to identify a company-wide policy or practice of gender discrimination.  Additionally, the Court held that backpay claims could not be certified as a class action, and rejected … Continue Reading
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