After 43 years actively litigating class actions and other complex and multi-party matters, Louis M. Marlin, Esq. has devoted himself to working full time as a neutral at JAMS since September 2015. His experience as a litigator, representing both defendants and plaintiffs in highly-charged and intricate class actions, has provided him with an understanding of the needs of both sides when mediating these cases.
Whether defending the largest university system in the world in employment and in several multi-year actions involving its various “donated body” programs, seeking re-classification of insurance company claims adjusters, litigating the propriety of the scheduling of season-ending bonus payments by a tax preparing company, or litigating the efficacy of a nationwide weight loss program, his experience has formed the bedrock for his well-respected range of knowledge concerning class action issues. That experience has carried on with his career at JAMS. Mr. Marlin has successfully mediated numerous class actions in various areas of the law, and is recognized as an effective class action mediator.
Mr. Marlin is uniquely qualified to understand the complexity involved with resolving class actions and similar complex multi-party litigation. Since joining JAMS, Mr. Marlin has written several articles concerning mediation practices, often with a focus on class action issues. He has created a 45-point “Class Action Mediation Checklist” for use by practitioners to aid them in preparing for and participating in ultimately successful mediations.
- Mediated numerous wage and hour class actions, including:
- allegations that employees were not compensated for time during security checks upon exiting facilities for meals and at end of shifts
- allegations that employers improperly rounded time entries of hourly workers
- allegations that employers failed to provide compliant meal and rest breaks
- allegations that employers failed to pay for uncompensated "off the clock” work
- allegations that employers misclassified employees in numerous different industries
- allegations that employers failed to include non-discretionary bonuses in overtime rate calculations
- allegations that employers failed to reimburse employees for necessary business expenses
- Mass Layoff Litigation involving claims that employer violated California and federal WARN Acts
- Mediated stand alone PAGA cases, as well as PAGA claims combined with class allegations
- Mediated claim by Fire Academy applicant who was prohibited from attending the Academy, after being accepted, due to being diabetic
- Mediated claims of failure to compensate employees for training time
- Mediated claims involving wrongful termination (including constructive termination) in violation of public policy
- Mediated claims involving allegations of failure to reimburse employees for necessary business expenses
- Mediated claims of misclassification by intrastate truck drivers
- Mediated claims of constructive wrongful termination based upon an allegation of failure to accommodate under the Fair Employment and Housing Act (FEHA)
- Mediated claims of failure to properly compensate for overtime work by failing to consider non-discretionary bonuses in hourly compensation rate
- Mediated resolution of objections to class action settlements