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3 Aug 4:49 am by Michael J. Hassen
... employees asserting substantially similar claims in Clausnitzer v. Federal Express Corp/, 248 F.R.D. 647 (S.D. Fla. 2008)" and then ... would be necessary to determine the amount of time actually spent." Id., at 23. Additionally, FedEx "would raise the individualized defense that…an employee who worked during the break violated its terms ... Eleventh Circuit therefore affirmed the district court order denying class action treatment. Id., at 26. Download PDF file of Babineau v. Federal Express Corporation ...
Class Action Defense Blog - http://classactiondefense.jmbm.com/
25 Jan, 2008 6:08 am
In EEOC v. Federal Express Corporation, No. 06-1724 (4th Cir., Jan. 23, 2008) (PDF), the Fourth Circuit unanimously affirmed a $108,000 judgment against FedEx in a disability discrimination case. The EEOC ... Court has specifically declined to draw some mathematical bright line between constitutionally acceptable and unacceptable ratios." Because FedEx's conduct was sufficiently reprehensible, the award was reasonably proportional, and the total award was within the $300,000 statutory cap ...
West Virginia Legal Weblog - http://legalweblog.blogspot.com
28 Jul 4:04 am
Despite the plaintiffs' attempt to narrow its claim, the Eleventh Circuit in Babineau v. Federal Express Corporation, No. 08-16227 (11th Cir. July 27, 2009), again affirmed the district court's denial of class certification. The plaintiffs claimed that FedEx failed to pay employees for time worked during breaks and before and after their regularly scheduled shifts-so-called "gap time." According to both the ...
Class Action Blog -
3 Apr, 2008 5:09 am by Michael J. Hassen
... its drivers within the meaning of Missouri agency law cannot be resolved by simple reference to the Operating Agreements and corporate policies." Id., at 105. Rather, "Missouri courts define the 'right to control' with reference to the actual exercise of control, ... ." Id., at 153-54. Second, the court expressed its displeasure with defense counsel's creative interpretation of certain case holdings, and warned "whatever counsel signs future FedEx Ground briefs to carefully read both the authorities ...
Class Action Defense Blog - http://classactiondefense.jmbm.com/
17 Jul, 2008 8:34 pm by Lucian Bebchuk, Harvard Law School,
FedEx Corporation became the fourth major company this proxy season to reach an agreement with me under which it adopted a pill-limiting bylaw. Under the new bylaw, any poison pill plan adopted by the board without prior stockholder ... , and Bristol-Myers Squibb. I hope that other public companies will follow the example set by these six companies. I would like to express my appreciation again to Michael Barry and Ananda Chaudhuri from the law firm of Grant & Eisenhofer for their valuable legal ...
The Harvard Law School Corporate Governance Blog - http://blogs.law.harvard.edu/corpgov
5 Oct, 2007 7:23 pm
... arrive on time. My son and I are applying for a student loan. He sent by Federal Express a promissory note that he and the university had signed. I needed to sign it to and he sent ... the original envelope was just sitting at a station in Schaumburg, 10 days after I sent it. I called corporate Fedex about this, they said someone would "call me back," which never happened." This is the worst customer service, ever. We'll be using UPS from now on. For you regular FedEx customers -- you've been warned.
Tags: Money
Larry Bodine LawMarketing Blog - http://blog.larrybodine.com/
29 May 5:33 am by admin
... workers, but those decisions had failed to capture exactly what was meant by "control." The court determined that its decision in Corporate Express Delivery Systems v. NLRB more accurately captured the correct interpretation of "control" by ... test, while not making the inquiry purely mechanical, will at least make line drawing easier. In determining that the FedEx drivers at issue in the case where actually independent contractors, the court focused on the fact that the drivers could set their ...
The Laconic Law Blog - http://welterlaw.com/blog
7 Mar, 2008 1:40 pm by Michael Stevens
... Corporation v. Miami Cnty Southern District of Ohio at Dayton BOYCE F. MARTIN, JR., Circuit Judge. Trafalgar Corporation sought a federal court determination of its constitutional takings and equal protection claims against the Miami County Board of ... HOOD, District Judge. Appellant Willie J. Jackson ("Jackson") filed a complaint against FedEx Corporate Services, Inc. and Federal Express Corporation (collectively "FedEx") alleging he was discriminated against based on his race in violation of ...
Sixth Circuit Cases - http://kentuckylaw.typepad.com/sixth_circuit_cases/
24 Aug, 2006 9:41 am by Bill Heinze
... American Airlines, Inc.; American Beacon Advisors, Inc.; FedEx Corporation; Federal Express Corporation; FedEx Corporate Services, Inc.; FedEx Customer Information Services, Inc.; Hilton Hotels ... International, Inc.; Marriott Worldwide Reservation Services, LLC; and National Railroad Passenger Corporation d/b/a Amtrak and Ronald A. Katz Technology Licensing, L.P. ... L.P.; Healthy Options, Inc. d/b/a Postal Prescription Services; Petmed Express, Inc. d/b/a 1-800-Petmeds; Safeway, Inc.; Randall's Food ...
I/P Updates - http://ip-updates.blogspot.com
8 Apr, 2008 12:45 pm
... and putative class members were current and former non-exempt hourly drivers employed by Defendant Federal Express Corporation. The plaintiffs claimed that the putative class of drivers, who performed a variety of delivery and hauling duties with varied types of ... means to "provide" meal periods, the Brown court found that there was no evidence of any particular policy at FedEx susceptible to common proof to show that drivers were affirmatively prevented from taking required breaks. As a result, ...
Tags: Decisions, Court
California Labor & Employment Law Blog - http://www.callaborlaw.com/
1 Jun, 2008 10:45 pm by Robinson, Calcagnie & Robinson
Ericson v. Federal Express Corporation (2008) 162 Cal.App.4th 1291, 77 Cal.Rptr.3d 1 An independent contractor who was working late at night at a FedEx terminal was severely injured when he was assaulted in a dimly lit ... court erred by relying solely on a "heightened foreseeability" test, reversal is not warranted. This case boils down to a few sightings of nonthreatening transients on the FedEx property, and that does not satisfy even the " 'regular' reasonably foreseeability" test.
Products Liability and Injury Lawyer Blog - http://www.productsliabilityinjurylawyer.com/
31 Oct, 2007 8:20 am
On November 6, 2007, the U.S. Supreme Court will hear argument in Federal Express Corp. v. Holowecki. The case considers what procedures a plaintiff must follow in order to ... Opportunity Commission ("EEOC") alleging age discrimination by her employer, Federal Express Corporation ("FedEx"), against her and other couriers. Because she did not file a formal "charge" document, the EEOC did not notify FedEx, investigate the claims, or begin conciliation efforts. Five months later, Kennedy, along with ...
New York Employment Lawyer Blog - http://www.newyorkemploymentlawyerblog.com/
23 Apr, 2008 8:00 am by Walsh & Walsh, P.C.
... F.Supp.2d 1080). As a result, Judge Dale Fischer denied certification in Brown v. Federal Express Corporation (C.D. Cal. 2008) 2008 WL 906517, 2008 U.S. Dist. LEXIS 17125, a putative class action brought on behalf of a subclass of drivers who alleged that ... by Plaintiffs. Consequently, the court determined that, applying this standard, to prevail, the plaintiffs would have to prove that FedEx forced them to forego the meal breaks, a burden which, to meet, would cause the trial to ...
Wage Law - http://wagelaw.typepad.com/wage_law/
16 Mar, 2008 7:24 am by Matthew E. Munson
... defect, but failed to take steps to remedy the problem, including initiating a recall. MDL 1923 - In re: FedEx Express Wage and Hour Employment Practices Litigation: Motion of plaintiffs for centralization in either the Southern ... In re: Trasylol Products Liability Litigation: Motion of defendants for centralization in the District of Connecticut. Trasylol was manufactured by Bayer Corporation beginning in 1993 and used to prevent excessive bleeding during coronary artery bypass grafting (CABG) ...
MDL Weekly - http://www.mdlweekly.com/
22 Jan, 2008 3:19 am
... et al filed 01/24/07 1:07-cv-00523 Habersham Plantation Corporation v. Habersham Home Interiors, LLC et al filed 01/26/07 closed 03 ... al filed 05/30/07 1:07-cv-03080 Federal Express Corporation v. Fedex Lending Corporation filed 06/01/07 closed 10/23/07 1: ... 06/15/07 closed 07/16/07 1:07-cv-03389 Rieke Corporation v. American Flange & Manufacturing Co. Inc. filed 06/14/07 1: ... /07 1:07-cv-03897 Square D Company v. Gaffney-Kroese Supply Corporation filed 07/11/07 1:07-cv-03993 Aguila Records, Inc. ...
Chicago IP Litigation Blog - http://www.chicagoiplitigation.com/
28 Feb, 2008 11:07 pm by Geoffrey G. Gussis
It's Leap Day, so why not take a leap? Major Corporation - Litigation Attorney - Strategic Legal Solutions, Rye, NY Sr. Attorney - Walgreen Company, Deerfield, ... CA Senior Attorney - Antigenics, Inc., Lexington, MA (Boston Area) Attorney - Microsoft Corporation, Redmond, WA In-House Counsel - Confidential, New York, NY Commercial Attorney - Publicly Traded ... Confidential, New York, NY (Near Wall St.) Staff Attorney II or Sr. Attorney - FedEx Express, Memphis, TN Many more jobs over at the Job Board.
InhouseBlog - http://www.inhouseblog.com/inhouseblog/
28 Feb, 2008 11:07 pm by Geoffrey G. Gussis
It's Leap Day, so why not take a leap? Major Corporation - Litigation Attorney - Strategic Legal Solutions, Rye, NY Sr. Attorney - Walgreen Company, Deerfield, ... CA Senior Attorney - Antigenics, Inc., Lexington, MA (Boston Area) Attorney - Microsoft Corporation, Redmond, WA In-House Counsel - Confidential, New York, NY Commercial Attorney - Publicly Traded ... Confidential, New York, NY (Near Wall St.) Staff Attorney II or Sr. Attorney - FedEx Express, Memphis, TN Many more jobs over at the Job Board.
InhouseBlog - News for Inhouse Counsel - http://www.inhouseblog.com/inhouseblog/
28 Sep, 2008 10:56 pm by Geoff Gussis
... Patently-O's Job Board. Consulting Co - Tax Attorney, Flex OK - Confidential, New York, NY Flextime Corporate Attorney - Hedge Fund - Confidential, New York, NY Staff Attorney - Atlanta Hawks / Atlanta Thrashers, Atlanta, GA Sr. Attorney - FedEx Express, Memphis, TN Corporate Counsel - Monster.com, Maynard, MA Associate General Counsel - ETS, Princeton, NJ General Counsel - Wincor Nixdorf, Austin, TX Associate General Counsel - Bill and Melinda Gates Foundation, ...
InhouseBlog - http://www.inhouseblog.com/inhouseblog/
28 Sep, 2008 10:56 pm by Geoff Gussis
... Patently-O's Job Board. Consulting Co - Tax Attorney, Flex OK - Confidential, New York, NY Flextime Corporate Attorney - Hedge Fund - Confidential, New York, NY Staff Attorney - Atlanta Hawks / Atlanta Thrashers, Atlanta, GA Sr. Attorney - FedEx Express, Memphis, TN Corporate Counsel - Monster.com, Maynard, MA Associate General Counsel - ETS, Princeton, NJ General Counsel - Wincor Nixdorf, Austin, TX Associate General Counsel - Bill and Melinda Gates Foundation, ...
InhouseBlog - News for Inhouse Counsel - http://www.inhouseblog.com/inhouseblog/
10 Sep, 2008 4:42 pm by Will Schendel
The 9th Circuit this morning, per Judge Tashima, has held that the EEOC may continue to subpoena documents from an employer even after the issuance of a Right to Sue letter. We consider three issues pertaining to Federal Express Corporation's ("FedEx") refusal to comply with an administrative subpoena issued by the Equal Employment Opportunity Commission ("EEOC" [...]
Alaska Employment Law - http://www.akemplaw.com/wiki
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