Employment Law Blog

Filter:  Gulf Oil v. Bernard

Misleading Communications in Class Action Lawsuits

Misleading communications “pose a serious threat to the fairness of the litigation process, the adequacy of representation, and the administration of justice generally.” Cheverez, supra, at *4-6; Howard Gunty, supra, 88 Cal.App4th at 582. The “responsibility to monitor communications is heightened where potential class members are unrepresented by their own counsel.” Cheverez at *6. Courts have found that this responsibility is also heightened when an employer engages in unsupervised communications with its workers regarding a settlement offer. See Marino v. CACafe, Inc. (N.D.Cal. April 28, 2017) 2017 WL 1540717 (“in the context of class action litigation, whether pre- or post-certification, unsupervised communications between an employer and its workers present an acute risk of coercion and abuse.”)

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