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    « 5th Circuit Opinion on Class Action Tolling | Main | The Lilly Ledbetter Fair Pay Act of 2009 - The Ledbetter Case »


    The Complex Litigator

    I've already seen several of these motions in cases at my firm and heard judicial suggestions that a stay is appropriate or likely. I've also seen the Sepulveda stay used as authority in support of such a request to stay. Unlike the Proposition 64 or Murphy experiences, where courts just plowed ahead, knowing full well that they had a 50/50 shot of reversal, this round seems different. The arguments about retroactivity in the Proposition 64 days were strident but civil (at least the ones I saw at the time). The polarization that I see in the wage & hour field has an increasingly emotional tone to it. I suspect, but cannot prove, that the wage & hour battles in California are so much more widespread that a form of argument fatigue is settling over the terrain, and vitriol on the part of counsel and parties occurs with greater frequency as a result of trying to escalate arguments to the next level. It's starting to sound more like politics than respectful disagreement over the correct application of law.

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