The World Is Not Enough – Offering a Class Representative Everything They Ask For Does Not Kill Class
- Written by Carl Larson
In a disappointing decision, the United States Supreme Court in Campbell-Ewald v. Gomez decided that making a complete offer of relief to the named plaintiff in a class action case does not make the case “moot.” This limits the effectiveness of this tool that can be used by employers defending against class action lawsuits. However, the Court left open other uses for the tactic which may still provide some utility and leverage to employers.
In response to the rising tide of class action lawsuits in federal court, many companies have offered the named plaintiffs everything that they have asked for, otherwise known as an “offer of judgment.” By making an offer to completely compensate the named plaintiff, the defendant is essentially throwing its hands in the air and saying, “we give up.” The theory was that this counter-intuitive strategy would destroy the Court’s jurisdiction over the case, as there was no more case. This would force the class’ attorneys to find another plaintiff to represent that class or have the case dismissed.
- Written by Carl Larson
SLG is receiving reports of increased Immigration and Customs Enforcement (“ICE”) silent raid activity in the Santa Maria area. Silent raids involve ICE issuing a NOTICE OF INSPECTION which involves ICE agents appearing at the workplace and taking I-9s. While the notice “usually” gives employers at least three days’ notice, ICE can also obtain a warrant or subpoena without giving the three day notice. ICE will then return within 30 days and require the employer to terminate employees within 10 days whose I-9 forms are found to be invalid. ICE can also issue significant fines for knowingly hiring or continuing to employ unauthorized workers. Even technical I-9 form violations can result in fines.
The Notice of Inspection program has been flying under the radar following criticism of the Obama Administration after a wave of similar raids and a large increase in funding to ICE in 2010 and 2011. However, now that the Obama administration no longer has to worry about re-election, there will likely be a serious increase in enforcement over the coming year. This most recent increase in enforcement also follows a large increase in immigration raids on the East Coast at the beginning of this year.
COUNSEL TO MANAGEMENT:
There are limits to ICE’s brash tactics and ability to demand records. The Saqui Law Group can provide a customized response plan for your business before ICE shows up. As we go further into the season, further increased enforcement is likely to take place. No workplace is safe, and employers should make certain that their I-9 records are in order now. The Saqui Law Group can also conduct a much friendlier audit of your I-9 process and records than ICE will. For more information, contact our Roseville office. Stay tuned for SLG’s Cheat Sheet on “What To Do When Ice Shows Up.”