Stuart Gerson Quoted in “Class Actions, Arbitrations May Hinge on Scalia Replacement”

Law360

Stuart M. Gerson, a Member of the Firm in the Litigation and Health Care and Life Sciences practices, in the firm’s Washington, DC, office, was quoted in Law360, in “Class Actions, Arbitrations May Hinge on Scalia Replacement,” by Vin Gurrieri. (Read the full version – subscription required.)

Following is an excerpt:

With respect to class actions, the high court could loosen some of the stronger restrictions on plaintiffs it has handed down in various divided rulings — and that could have a big impact in employment cases.

“While class action litigation occurs in many areas, employment-related cases, including group actions under the Fair Labor Standards Act, will be more easily sustainable before a liberal court,” said Stuart Gerson of Epstein Becker Green.

Gerson, who served as acting attorney general in the early 1990s, said conservative majorities that have often included Justice Scalia have “taken a strict view” on class uniformity and the capacity of named plaintiffs to act as class representatives.