Cohen Milstein offices in Washington. Credit: Diego M. Radzinschi / NLJ
There may be another way: "non-mutual offensive collateral estoppel." The concept is fairly established in the law, but it has not been used much. And judges and arbitrators have broad discretion whether to apply it in any given case.
May 25, 2018 at 11:07 AM
1 minute read
The original version of this story was published on National Law Journal
In the wake of the U.S. Supreme Court’s decision against class actions by employees, plaintiffs lawyers are pondering potential next steps. In the words of one: “There’s got to be a way around this.”
Plaintiffs lawyers have no hope that Congress will embrace Justice Ruth Bader Ginsburg’s call, in her dissent this week, for “urgent” action to reverse the 5-4 ruling in Epic Systems v. Lewis.
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