CCL President Robert S. Peck told invitees of the Congressional Civil Justice Caucus that the upcoming Supreme Court term has enormous potential to change class actions, but was more likely to find that the cases before it do not provide the vehicles for significant changes. Peck made the presentation October 9 in a House Judiciary Committee hearing room, with American Tort Reform Association General Counsel, Victor Schwartz, providing an alternative view.

Among the cases discussed were Tyson Foods v. Bouaphakeo, a case about compensating chicken processing plant workers in Iowa for the time it takes for them to “don and doff” protective clothing, as required by their contracts. In the case, the defendant has argued that the case is not susceptible for class-action treatment because a small percentage of the workers were not eligible for compensation and others took different amounts of time at the task. Peck said that these arguments ignore the rules and precedents that apply to employment law, which are likely to figure prominently in the upcoming oral argument, making it a poor vehicle for establishing a new class action precedent.

Another case discussed was Spokeo, Inc. v. Robins, a case that raises the question of whether Congress can create a cause of action for a statutory injury when there allegedly was no particular and concrete injury suffered. The case revolves around a claim that an online profile of the plaintiff by a company that publishes reports used by employers, which provided inaccurate information about him, including that he was employed and married with children, when he was not. Robins claimed the false information harmed him in seeking employment. He sued under the Fair Credit Reporting Act, which obligates those publishing covered reports like this one to take steps to ensure accuracy and creates a cause of action when the reports are inaccurate. The case is set to be argued November 2.