Our Articles
Aashish Desai, Are Employer Surveys in Employment Class Actions Subject to Discovery?, Orange County Lawyer Magazine (July 2010)(Download PDF)
Aashish Desai, Discovery in Overtime Class Actions Often is Prevented Before Certification, Los Angeles Daily Journal, (July 25, 2002)
Aashish Desai, Pickoff Moves, Los Angeles Lawyer Magazine (Cover Story, September 2009) (Download PDF)
Aashish Desai, The Discovery Conundrum in Fair Labor Standards Act Collective Actions: Analysis & Perspective, Class Action Litigation Report, Bureau of National Affairs, Inc., Volume 03, No. 13 (July 12, 2002) (Download PDF)
Aashish Desai, The Stealth Attack — Pleading Standards, Consumer Attorneys of California, FORM Magazine (Jan./Feb. 2010) (Download PDF)
Aashish Desai, Revenge of the Wage Slave — Class Action Overtime Cases, Orange County Lawyer Magazine, Volume 43, No. 11 (November 2001)
Aashish Desai, Class Confusion, Los Angeles Daily Journal (August 25, 2009)
Aashish Desai, Class Clout, Attorneys Should Not Overlook Federal Overtime Law, Los Angeles Daily Journal (November 8, 2001)
Aashish Desai, Confirmation Class — Settlement, Los Angeles Lawyer (July – August 2008)(Download PDF)
Daily Journal
Aashish Desai, Let’s not repeat the mistakes of our past “The FBI should conduct a proper investigation into Dr. Christine Ford’s recent allegations of attempted rape by Judge Brett Kavanaugh. Here’s where it could start.”
Aashish Desai, Defendants Bear a Heavy Burden to Prove the Amount in Controversy Under the Class Action Fairness Act of 2005, Orange County Lawyer Magazine, Volume 49, No. 11 (Nov. 2007)(Download PDF)
Daily Journal
Aashish Desai, Immigration order is an unconstitutional religious test “The executive order signed by President Donald Trump on Friday to restrict immigration from certain Muslim countries violates the due process and equal protection clauses of the U.S. Constitution.”
Aashish Desai, Late to Class – What to do with Untimely “Opt-In” Forms in Collective Class Actions, Orange County Lawyer Magazine, Volume 48, No. 12 (December 2006) (Download PDF)
Daily Journal Aashish Desai, Lack of experience is actually quite common “Not until President Dwight Eisenhower was in office did an issue arise over appointing only justices with prior judicial experience.”
Aashish Desai, Striking the Answer to Class Actions is Easier Than You Think!, Orange County Lawyer Magazine, Volume 48, No. 6 (June 2006) (Download PDF)
Daily Journal
Aashish Desai, The reversal column left out an important fact “Lawrence Waddington’s October 22 column failed to mention an important fact: The 9th Circuit is the largest federal circuit – by far.”
Aashish Desai, A Solution in Search of a Problem — The Class Action Fairness Act of 2005, Texas Business Litigation, Business Torts (Spring 2005)
Daily Journal
Aashish Desai, Class Confusion “Today, it seems as if every week a new decision emerges regarding class actions.”
Aashish Desai, The Class Action Fairness Act, Unintended Consequences, Orange County Lawyer Magazine, Volume 47, No. 7 (July 2005) (Download PDF)
Daily Journal
Aashish Desai, Attack on Class-Action System Puts Blame on the Innocent “Letters to the Editor – Writers offer a withering response to a recent call for reforming California’s class action-action system and some words of praise for one of the legends of ADR.”
Aashish Desai, Master of the Complaint — The Role of Class Counsel, Orange County Lawyer Magazine, Volume 46, No. 8 (August 2004) (Download PDF)
Daily Journal
Aashish Desai, ‘Bazzle’ Confounds Arbitration Agreements and Class Actions “The somewhat turbulent relationships between class actions and arbitration agreements jot got more complicated, thanks in large part to the U.S. Supreme Court’s decision in Green Tree Fin. Corp. v. Bazzle, 123 S.Ct. 2402 (2003). The dark secret to defending class actions has centered on corporations’ inserting arbitration agreements in consumer contracts to thwart class actions by explicitly prohibiting class-wide adjudications.”
Aashish Desai, Class Action Arbitration — Commentary, The Federal Lawyer, Volume 51, No. 6 (July 2004).
Daily Journal
Aashish Desai, Procedural Rule Shouldn’t Bar Meritorious Punitive Claims “While most litigators are familiar with the limitations on jury awards for noneconomic damages in medical-malpractice cases, few understand the constraints on punitive damages.”
Aashish Desai, The Nuts & Bolts of Class Counsel’s Motion to Remand — Emerging Issues, Class Action Litigation Report, Bureau of National Affairs, Inc., Volume 5, No. 12 (June 25, 2004) (Download PDF)
Daily Journal
Aashish Desai, Fee-Shifting in Overtime Wage Statute Trumps Contract’s Attorney-Fee Clause
“Who is entitled to attorney fees when statutes conflict with contracts? The answer may surprise some. Under a typical employment arrangement, the employee must sign an employment contract, which often contains an attorney fee-shifting provision.”
Aashish Desai, Class Action Arbitration — The Chickens Come Home to Roost, Orange County Lawyer Magazine, Volume 46, No. 3 (March 2004) (Download PDF)
Daily Journal
Aashish Desai, Discovery in Overtime Class Actions Often Is Prevented Before Certification “The idea that a defendant is not allowed to conduct discovery before class counsel files a motion for class certification sounds inconceivable. But that can sometimes occur in a collective class action for unpaid overtime wages under the Fair Labor Standards Act of 1938.”
Aashish Desai, “Bassle” Confounds Arbitration Agreements and Class Actions, Los Angeles Daily Journal, (February 20, 2004)
Adrianne De Castro, Crossing the Finish Line To Approval of Your Class-Action Settlement – Courts are increasingly scrutinizing settlements to ferret out potential conflicts and collusion, Advocate Magazine, Online (May 2021) (Download PDF)
Aashish Desai, FLSA Overtime Class Actions and Liquidated Damages, Orange County Lawyer Magazine, Volume 45, No. 11 (November 2003)
Aashish Desai, Federal Class Action Overtime Cases — Can You Really Get Double Damages?, Class Action Litigation Report, Bureau of National Affairs, Inc., Volume 4, No. 17 (September 12, 2003)
Aashish Desai, The Nine-Month Rule and Punitive Damages for Health Care Professionals, Orange County Lawyer Magazine, Volume 45, No. 8 (August 2003) (Download PDF)
Aashish Desai, Procedural Rule Shouldn’t Bar Meritorious Punitive Claims, Los Angeles Daily Journal, (June 3, 2003)
Aashish Desai, Litigating Federal Class Action Overtime Case — A Primer, Forum Magazine, Volume 33, No. 1 (Jan/Feb. 2003)
Aashish Desai, Attorney Fees in Class Actions: Analysis & Perspective, Wage Hour & Leave Report, Bureau of National Affairs, Inc., Volume 2, No. 1 (January 17, 2003)
Aashish Desai, Employment Class and Collective Actions: Analysis & Perspective, Class Action Litigation Report, Bureau of National Affairs, Inc., Volume 4, No. 1 (January 10, 2003)
Aashish Desai, Legislative Attorneys’ Fees Under the FLSA, The Trump Card, Orange County Lawyer Magazine, Volume 44, No. 11 (November 2002)
Aashish Desai, Fee Shifting in Overtime Wage Statute Trumps Contract’s Attorney’s Fee Clause, Los Angeles Daily Journal, (October 21, 2002) (Download PDF)
Aashish Desai, The Discovery Problem, Orange County Lawyer Magazine, Volume 44, No. 8 (August 2002)
