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23 Jun, 2008 11:54 am
... had misclassified employees and failed to pay them overtime. Johnson v. Big Lots Stores, Inc., ___ F.Supp.2d ___ (E.D. La. June ... and therefore exempt from overtime pay. Id., at 2. The job
description of an assistant store manager supported this classification, see id., at 2-3. The class action complaint, ... common proof applicable to the class as a whole." These
differences made it "exceedingly difficult for Big Lots to assert its statutory exemption defense on
a collective basis." Id., at 49. Put ...
16 Sep, 2008 9:59 pm
... , Judge Sarah S. Vance decertified a nationwide collective action of assistant store managers against their employer, Big
Lots. The assistant store managers claimed they were improperly classified as exempt under the executive exemption. Ultimately, however,
the Court noted there were simply too many discrepancies between Plaintiffs to ... duties of Plaintiffs as a class." 561 F.Supp.2d at 587. The citation is Johnson v. Big Lot Stores, Inc., 561 F.Supp.2d 567 (E.D.La June 20, 2008).
16 Sep, 2008 7:59 pm
... , Judge Sarah S. Vance decertified a nationwide collective action of assistant store managers against their employer, Big
Lots. The assistant store managers claimed they were improperly classified as exempt under the executive exemption. Ultimately, however,
the Court noted there were simply too many discrepancies between Plaintiffs to ... duties of Plaintiffs as a class." 561 F.Supp.2d at 587. The citation is Johnson v. Big Lot Stores, Inc., 561 F.Supp.2d 567 (E.D.La June 20, 2008).
12 Apr 6:25 pm
Johnson v. Big Lots Stores, Inc. This case presented the issue of whether salaried "Assistant Store Managers" (ASM's) were exempt pursuant to the FLSA's executive exemption. In
deciding that they were not, because their primary duty was not management, the Court went through a detailed analysis of the test required by the CFR. Posted in Exemptions [...]
6 Feb 3:00 am
... Injury Lawyer Network The Baltimore Sun has reported that stores in Maryland including Big
Lot Stores, Inc. and Dollar General Corporation have stopped selling ... Card Games, a toy
that includes a backpack and playing cards. See Maryland Stores Stop Selling Elmo Toy After Attorney General Investigation. An investigation by
the Maryland ... cardiovascular disease, and reproductive health issues. While the stores were pulled from Big Lots and Dollar Stores, there are concerns that the toys may end up
...
25 Jun, 2008 3:15 pm
... investment profile and a broader range of attractive retail, dining or service options. Instead of traditional big box anchor tenants, the
"anchor" of a neighborhood center might be a coffee shop, bookstore, specialty market, ... of potentially complicating factors. The tradeoff for building in what can be superb locations
is sometimes dealing with properties that carry a lot of baggage. From aging infrastructure to environmental and political unknowns, infill development sometimes must overcome
its ...
12 Jan, 2007 3:40 am
... . Department store ads are newspapers' Number 1 source of revenue. And Federated Department Stores, Inc. is the largest department store operator in the nation. That makes it the most important "client" of almost every major newspaper in the country
... last summer. When I told the account representative, Richard Hummel, what I wanted to do, he replied that "Federated is a big client of
ours" and expressed doubt that the Sun-Times would be willing to print it. When I suggested that it wouldn't look ...
4 Sep, 2008 8:37 pm
Lynne Marek of The National Law Journal reported Wednesday on big corporations touting the use of minority- and women-owned law firms. The
article begins: E.I. Du ... firms, this time teaming with Royal Dutch Shell PLC and Wal-Mart Stores Inc. to publish for the first time a list of such firms that the companies have used ... General Motors Corp., that lists the firms by state with contact
information. "Our experience is a lot of companies don't know where to begin," Schaeffer said. Judges, juries and ...
4 Jul 5:50 pm
... www.fsis.usda.gov/ News_&_Events/Recall_034_2009_Expanded/index.asp, in addition to this list of retail stores, to check meat or
poultry products in your possession to see if they have been recalled. ... 267 Salisbury Apple Market 413 North Weber Salisbury MO-Missouri 268 COUNTRY FRESH, INC. BUSINESS LOOP 1-44 & 5TH SARCOXIE MO-Missouri 269 Ray's Green ... MO-Missouri 354 SHUR-SAV 7434 OLIVE BLVD. UNIVERSITY CITY MO-Missouri 355
BIG SPRINGS FOODLINER HIWAY 60, BOX 385 VAN BUREN MO-Missouri 356 G ...
25 Mar 6:00 am
... banc Ninth Circuit panel heard oral argument in Dukes v. Wal-Mart, Inc., nos. 04-16688 & 04-16720. Theodore Boutrous of Gibson Dunn
& ... the court? Are you saying we just affirm everything? It seems like there are lots of ways to slice and dice this. Seligman said the
court has a number of ways and ... point is how can you decide back pay on a national level when the discrimination occurs at the store level? Seligman said it's a pattern of
discrimination, a companywide policy of discrimination. Our ...
17 Apr, 2007 6:12 pm
... analysis of yesterday's Cal Supremes decision in Murphy v. Kenneth Cole Productions, Inc., S140308. There's plenty of other bloggers
covering that territory in depth, including The UCL ... to do just about everything an employer can do wrong if it wants a great big wage and
hour case target on its back: Made sales people into "managers ... this "manager" sold product, was the receiving clerk; processed markdowns and cleaned up the store); Had the
"manager work through lunch nine days out of ten; Had him ...
25 Oct, 2007 3:40 pm
... the zone of insolvency. Authored by Peter Menard [1] North American Catholic Educational Programming Foundation, Inc. v. Gheewalla et al.,
2007 WL 1453705 (Del. Supr. 2007). [2] Id. ... that a creditor could bring a direct claim for breach of fiduciary duties during insolvency. See Big Lots Stores, Inc. v. Bain
Capital Fund VII, L.L.C., 922 A.2d 1169 ... 2006). [8] Official Committee of Unsecured Creditors v. R.F. Lafferty & Co., Inc., 267 F.3d
340, 347 (3d Cir. 2001). [9] Trenwick America at 204. ...
13 Dec, 2008 10:03 am
... , we affirm. 08a0436p.06 Medical Mutual of Ohio v. k. Amalia Enterprises Inc. Southern District of Ohio at Columbus KAREN NELSON MOORE,
Circuit Judge. Plaintiff-Appellant Medical ... (hemophilia). MMO also included as defendants Tran's employer, k. Amalia Enterprises Inc. ("k.
Amalia"), which contracted with MMO to provide group health insurance, and k. ... Lahar v. Oakland County Eastern District of Michigan at Detroit 08a0745n.06 Big Lots Stores, Inc. v. Luv N'
Care, LTD Southern District of Ohio at ...
19 May, 2007 2:19 pm
... , this article had received a very positive response from the Delaware courts. North American Catholic Educational Programming Foundation, Inc. v. Rob Gheewalla, 2006 WL 2588971 (Del.Ch. 2006) In which the Chancery Court cited an earlier Chancery decision Big Lots Stores, Inc., 2006 WL
846121, at *8, in which the court observed: "As numerous commentators have observed, creditors are usually better able to protect themselves than dispersed shareholders." (citing
Stephen M. ...
26 Sep 9:01 am
... engine to stall increasing the risk of crash and serious injury. Grand Trunk Parachute Hammocks Travel Hammock Inc., dba Grand Trunk, of
Skokie, Ill., is recalling its parachute hammocks because the hammock's supporting hooks can fail, causing ... two or four dispensing valves in the front, with an illuminated or opaque
rounded front cover. Wooden Bunk Beds Big Lots Stores,
Inc., of Columbus, Ohio, is recalling its Wooden Bunk Beds. The mattress support slats and side support railings can break. ...
1 Jul, 2007 12:25 pm
Big Lots Stores, Inc. v. Bain Capital Fund VII, LLC, 922 A.2d 1169 (Del. Ch. 2006), read opinion here, is a Chancery Court decision that dismissed claims by an unsecured
creditor against the directors of a debtor company based on...
7 May, 2007 4:30 am
... ., Kroger Company, Safeway, Wal-Mart Stores, Inc., PetSmart, Inc., and Pet Valu, Inc. Menu Foods, Inc. has identified the potentially
contaminated products on ... of product and manufacturing information, saving purchase receipts, date codes or production lot numbers. * Document product consumption - as in when
the product was fed, time and relative onset of ... Recalls ALPO Americas Choice, Preferred Pet Authority Award Best Choice Big Bet
Big Red Bloom Blue Buffalo (RICE GLUTEN) Bruiser Cadillac Canine ...
2 Oct, 2008 12:36 pm
... , he would have treated the plaintiff the same way. Similarly counsel can identify the big winner on adequacy as a matter of law - a
specific mention and detailed description of the precise risk that ... 289, 295 (S.D.N.Y. 2001); Morgan v. Wal-Mart Stores, Inc., 30 S.W.3d 455, 463 (Tex. App. 2000); Walker ... whether they apply to the case in question. As we've said quite often, there are lots of reasons for defense counsel to like the learned intermediary rule. Having exhausted the most important ones ...
27 Oct, 2008 10:57 am
... may be liable to a customer who is mugged at night in the market's parking lot. See Butler v. Acme Markets, Inc., 89 N.J. 270
(1982). In Butler, unknown to the ... Div. 1992), certif. denied, 130 N.J. 19 (1992); Simpson v. Big Bear Stores Co., 652 N.E.2d 702, 705 (Ohio 1995); see ... _ N.J. _ (1996). Prominent among the reasons for the imposition of liability was the proposition that the
use of the lot furthered the caterer's economic interest. Id. at 321. Critical to the imposition of liability is a ...
16 Jul 8:36 pm
... the guise of the reprehensibility analysis. Id. at 422-23 (emphasis added). To us, that's big, bold handwriting on the wall. The whole
purpose of class actions is to aggregate the claims of a large ... , 701-02 (N.D. Ga. 2008); Nelson v. Wal-Mart Stores, Inc., 245 F.R.D. 358, 376 (E.D. Ark. ... damages are unconstitutional together. The article moves on to the purposes of punitive damages, stating (among a
lot of other things) that "the Court has not retreated from the concept of states' legitimate use ...
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