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Garvey v. Kmart Corporation

  1. July 25, 2013

    Kmart Strikes Deal To End Suitable Seating Case

    Kmart Corp. has reached a settlement worth up to $280,000 in a class action brought by a group of cashiers in California, who allege the retailer did not provide them with suitable seating while working front-end registers, according to court documents filed Wednesday.

  2. July 18, 2013

    Kmart Fights Bid For Winston & Strawn Docs In Seating Row

    Kmart Corp. asked a California federal judge Wednesday to quash a subpoena seeking communications between the company and Winston & Strawn LLP regarding a group of cashiers' seating class action, saying the records are protected by privilege and the request was filed too late.

  3. July 11, 2013

    Judge Won't Rethink Narrow Class In Kmart Seating Suit

    A California federal judge on Wednesday refused to reconsider his decision to certify a class of workers at a single store rather than a statewide class in a lawsuit accusing Kmart Corp. of violating state law by failing to provide its cashiers with seats.

  4. June 12, 2013

    Kmart Cashiers Gets Narrow Class OK'd In Seating Suit

    A federal judge refused to certify a California-wide class of Kmart Corp. cashiers Tuesday in a lawsuit alleging violations of the state's suitable seating requirements, but did approve a one-store class and said Kmart's "possible stonewalling" on checkout configuration information was a serious issue.

  5. June 06, 2013

    Kmart Faces Hearing Over Missing Docs In Seating Suit

    A California federal judge Thursday ordered an evidentiary hearing on Kmart Corp.'s failure to hand over customer checkout schematics in a high-profile class action accusing the retailer of failing to provide seating for cashiers, harshly condemning big law firms that delegate discovery to paralegals or clients.

  6. May 30, 2013

    Kmart Must Explain Missing Docs In Seating Case, Judge Says

    A California federal judge on Tuesday ordered Kmart Corp. to explain its failure to produce certain documents during the first class action trial over California's suitable seating requirement, saying the court is concerned the retailer may have "withheld" them. 

  7. May 17, 2013

    Kmart Rips Bid To Set Aside Judgment In Seating Trial

    A former Kmart Corp. cashier's claim that the company misled the court and her lawyers — a bid to undo her loss at the first class action trial over California's suitable seating requirements — is meritless, Kmart told San Francisco federal judge on Thursday.

  8. May 15, 2013

    Comcast Ruling Undermines Seating Class, Kmart Says

    Kmart Corp. urged a California federal court Monday to reject a former worker's bid to certify a statewide class of cashiers who weren't provided seats while working, claiming that class treatment could lead to complex, individualized penalty calculations that conflict with the U.S. Supreme Court's March Comcast ruling.

  9. May 01, 2013

    Kmart Cashiers Push For Statewide Cert. In Seating Suit

    A former Kmart Corp. worker asked a California court Monday to certify a statewide class of Kmart cashiers who weren't provided seats while working, arguing that the case for certification has become even stronger since the court approved a one-store class last year.

  10. December 19, 2012

    Kmart Wins 1st Trial, But Worker Seating Battle Not Over

    In the first class action over California's suitable seating law to go to trial, a federal judge ruled Tuesday that Kmart Corp. doesn't need to reconfigure its checkout counters to provide seating for its cashiers, but the decision offered plaintiffs a possible roadmap for victory as cases against the retail giant proceed.

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