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4 Jun, 2007 6:00 am
In Iliadis v. Wal-Mart Stores, Inc., ___ A.2d ___
(N.J. May 31, 2007), the New Jersey Supreme Court reversed an order denying class ... (which it termed "remainder issues") is particularly interesting: The core of the present dispute
is whether Wal-Mart engaged in a systematic and widespread practice of disregarding its contractual,
statutory, and ... other salient and common questions, most notably the meaning and significance of Wal-Mart's corporate policies concerning breaks and off-the-clock work. ...
6 May, 2008 6:00 am
... 2). The memdispo reads, in its entirety: Plaintiffs, current and former Assistant Managers of Defendant, Wal-Mart Stores, Inc., appeal the district court's order denying their motion for class ... specific issues under
the Rule 23(b)(2) standard. See Society for Individual Rights, Inc. v. Hampton, 528 F.2d 905, 906 (9th Cir. 1975). In reconsidering ... deference. (§ 98.2, subds. (b), (c);
Murphy v. Kenneth Cole Productions, Inc. (2007) 40 Cal.4th 1094, 1116 (Murphy).) Thus, Berman hearings may result ...
24 Aug, 2008 9:21 am
WAL-MART STORES, INC. V. SMITH WORKERS COMP:
Work-Relatedness of PTSD2007-CA-001469 PUBLISHED: AFFIRMING PANEL: NICKELL PRESIDING; CAPERTON,TAYLOR CONCUR ... was awarded benefits for a temporary low back injury and permanent
disability for PTSD. Wal-Mart appealed on the basis that she did not prove a physical injury, and ...
, and that there was substantial evidence of a physical injury. The Court included scathing criticism of Wal-Mart's arguments particularly since they cited to an Iowa case to argue ...
26 Sep, 2008 2:14 am
In Salvas v. Wal-Mart Stores, Inc., ___ N.E.2d ___,
2008 WL 4291637 (Mass. Sept. 23, 2008), the Supreme Judicial Court of Massachusetts reversed an order decertifying a class of current and former Wal-Mart hourly workers who claimed that Wal-Mart failed to provide meal period and rest breaks as required by ... [Link to opinion courtesy of Legal Blog Watch.] Yesterday's National Law Journal
reported that "Mass. High Court Orders Certification of Wal-Mart Meal Breaks Class Action."
12 Feb, 2008 7:16 am
I wrote here about the case of Wal-Mart Stores,
Inc., v. Thompson, Case No. 1D07-2661, a case concerning what quantum of proof a claimant must present in support of his post-10/1/2003 claim for permanent total disability
benefits. The First District Court of Appeal issued its opinion in that case on 2/6/2008 in which it affirned the JCC's award of PTD benefits to the claimant. I think we learn at least
two things from the opinion: (1) Although the opinion does ...
8 Jul, 2008 5:03 pm
... period class action defeat under Minnesota law in the case of Braun v. Wal-Mart. The
International Labor Communications Association blog has a good summary of what the case means for ... ,000 current and former employees who worked at Minnesota Wal-Mart and Sam's Club stores between Sept. 11, 1998, and Jan. 31, ...
time in the day to take the breaks we were entitled to." Judge King found that Wal-Mart repeatedly
and willfully violated Minnesota labor laws or its contract with its employees on the issues ...
5 Mar, 2007 8:10 pm
... states that if the Superior Court does not issue an Order within a specified time, the Award from Georgia's State Board of Workers' Compensation will be affirmed. This is precisely
what happened in this case. Nevertheless, once the Superior Court issues its Order, it admittedly failed to send it to the Employer and Insurer. This was the basis for Wal-Mart's successful appeal.
6 Aug 9:16 pm
... the Federal Circuit believe that the Court's inequitable conduct jurisprudence has gone astray from the "a high bar" Judge Rader (at right) believes the Court's earlier case law
requires for establishing this affirmative defense. (See his opinion is Eisai Co. v. Dr. Reddy's Laboratories, Inc., citing Kingsdown Medical Consultants, Ltd. v. Hollister
Inc., 863 F.2d 867, 876 (Fed. Cir. 1988)). Evidence of such straying can be found in recent decisions that expanded the conduct deemed by certain...
24 Sep 10:02 am
Oral argument argued before the Eighth Circuit U.S. Court of Appeals on or about 09-24-2009
9 Dec, 2008 4:47 pm
... The class includes about 100,000 current and former hourly workers who were employed at Wal-Mart
Stores and Sam's Clubs in Minnesota from Sept. 11, 1998, through Nov. 14, 2008. Wal-Mart has also agreed to maintain electronic systems, surveys and notices to stay compliant with wage and hour policies and Minnesota laws. In July, a Dakota
County judge ruled against Wal-Mart in the lawsuit, saying the retailer, based in Bentonville, Ark.,
violated Minnesota state labor laws two ...
22 Nov 9:07 pm
... )(1) seeking judicial review of the TTAB's March 2009 decision in Wal-Mart Stores, Inc. v. Franklin Loufrani, Oppositions Nos. 91150278, 91154632, and 91152145 (March 20, 2009) [not precedential]. [TTABlogged here]. The Board
sustained Wal-Mart's opposition to registration of the SMILEY & design mark shown below ...
constitute an advisory opinion. Finally, Smiley moves to dismiss Count VI because Wal-Mart failed to
plead that it suffered actual damages as required by the Illinois Consumer Fraud ...
22 Jan, 2007 4:35 am
... political. Working through the Retail Industry Leaders Association ("RILA"), a trade association of which Wal-Mart Stores, Inc. is a member, the RILA filed a lawsuit for declaratory and injunctive relief against the
Maryland ... . See Hughes v. Alexandria Scrap Corp., 426 u.S. 794 (1976); Reeves, Inc. v. Stake, 447 U.S. 429 (1980). 5. See Larry Catá Backer, ... ). 31. And the form is
vestigial. See, e.g., Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 535 U.S. 302 (2002). 32. ...
25 Mar 3:00 am
... and dismissed Loufrani's opposition to Wal-Mart's version shown below right. Wal-Mart Stores, Inc. v. Franklin Loufrani, Oppositions Nos. ...
face" design is a "ubiquitous, non-inherently distinctive design." The question then was whether Wal-Mart acquired distinctiveness prior to Loufrani's priority date (his filing ... noted that "there is little evidence of any substantial use by other retail
department stores of a similar smiling face design." It concluded that "because of the very extensive use and ...
6 Feb, 2007 10:33 pm
... ." He subsequently granted the motion, at least for the most part. Dukes v. Wal-Mart
Stores, Inc., 222 F.R.D. 137 (N.D. Cal. 2004 ... close enough to this to know whether and to what extent gender discrimination has been
real at Wal-Mart. I haven't really formed an opinion as to whether this is a class that should be
certified. ... me between the eyes. The first one is the discussion of Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993). The plaintiffs had retained a sociologist, who
testified that ...
2 Oct, 2008 11:51 am
... rest and meal breaks to which they were entitled." Salvas v. Wal-Mart Stores, Inc., 452 Mass. 337, 338-39 (Mass. September 23, 2008). ... that they could be terminated for working off-the-clock or for failing to take
breaks, and store managers were required to investigate "every instance" of off-the-clock work. Id., at ... labor costs, one of the corporation's largest controllable expenses."
Id., at 342. Further, "Store managers were rewarded for keeping payroll costs low. Conversely, if they exceeded ...
2 Dec, 2008 11:40 pm
... store during last week's Black Friday sale, says that Wal-Mart Stores Inc. could have done more to prevent the 34-year-old's death. ... Workers Union Local 1500 is calling for a full investigation into the
incident. It also wants Wal-Mart to take action so that such a deadly accident never happens in one
of ... benefits under workers' compensation law or are able to file a wrongful death lawsuit against Wal-Mart will depend on whether or not Damou, hired from a temporary work agency, is considered a ...
3 Dec, 2008 2:05 am
... after he was crushed to death while he and other workers tried to open the store doors for the shoppers. Autopsy results indicate that the 34-year-old died of asphyxiation.
... saw police at the scene but that they left. Lt. Kevin Smith, however, says it was the store's responsibility to provide security on Black Friday. There have been other
personal ... : Trampling death may be hard to prosecute, Newsday.com, December 2, 2008 Related Web Resources: Wal-Mart Stores, Inc. If you have been injured in a ...
1 Dec, 2008 12:04 pm
... for which they were not paid in violation of state law. Robinson v. Wal-Mart Stores, Inc., 253 F.R.D. 396, 397-98 (S.D. ... action sought to represent "all current and former hourly-paid employees of Wal-Mart Stores, Inc., in the State of Mississippi that were
employed from May 28, 1999 until the ... any one of the plaintiffs worked off-the-clock." Id. Importantly, the federal court recognized that Wal-Mart was entitled to present its defenses as to each plaintiffs' claim that they were required to ...
18 Feb 2:09 am
... all legal matters for the company's domestic and international divisions. Gearhart joined Wal-Mart's legal department in 2003 and since 2007 has been senior ... - he might have left an enviable position for Gearhart to step into. Wal-Mart Stores Inc. outperformed other retailers, releasing
better-than-expected fourth- ... up to 800 jobs at its headquarters as it makes changes, including cutting the number of new stores it will
build this year. It's also cutting inventory. However, all things considered ...
27 May 5:24 pm
... Safety and Health Administration is citing and fining Wal-Mart Stores Inc. for the death of a Wal-Mart employee during a Black
Friday shopping event on November 28, ... OSHA violation. Based on past Black Friday experiences, an OSHA representative said that the store should have foreseen that effective
crowd control tactics needed to be put in place. ... probe, AP/Trib.com, May 6, 2009 Related Web Resources: Family Of Wal-Mart Employee Jdimytai Damour Sues Over Trampling Death, The Huffington Post, ...
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