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14 Dec 2014, 9:00 am by Virginia Whitehill Guldi
  This provision is intended to provide for equality of distributions in favor of all similarly situated creditors: if the underlying claim receives payments from both the corporation and the director and officer defendants and then the defendants receive payment on account of any contributions they made on the claim, that claim will have received a higher rate of distribution at the expense of other creditors. [read post]
10 Mar 2014, 5:05 pm
Attorneys for both sides argued that the settlement would not have any undue effect on other putative class members because "the lack of publicity makes it unlikely that similarly situated class members knew of the present lawsuit and relied on it for vindication of their own rights." [read post]
20 Sep 2012, 12:50 pm by rpalumbi
Perhaps a smarter way to deal with such a situation would be the path Karen J. [read post]
15 Aug 2012, 5:40 am
" For example, one could show that people who are similarly situated (perform the same duties or hold the same title) but not a member of the protected class are treated differently. [read post]
2 Oct 2008, 1:10 pm by Thornhill Law Firm, APLC
Essentially, a class action allows numerous people with common complaints that will be defended similarly to file one lawsuit together, rather than forcing each individual to seek their own attorney and file suit individually. [read post]
25 Apr 2022, 6:06 am by Ahilan Arulanantham
Justice Thomas recognized that the common law countenanced “bills of peace” and other exceptions to the default rule that only parties’ rights may be adjudicated, but he concluded that “these ‘proto-class actions’ were limited to a small group of similarly situated plaintiffs having some right in common. [read post]
15 May 2013, 4:28 am by Heidi Henson
In order to facilitate the Director’s development of this strategy, each agency must within 90 days provide to the OPM information on and an analysis of the following: all agency-specific policies and practices for setting starting salaries for new employees; all agency-specific policies and practices that may affect the salaries of individuals who are returning to the workplace after having taken extended time off from their careers (for example, those who served as… [read post]
7 Feb 2023, 12:18 pm by Parks, Chesin & Walbert
The proposed collective in the nurse’s action would include all the nurses, nurse associates, and “other similarly situated” workers who did medical necessity reviews for the insurer in the last three years and who were treated as exempt employees. [read post]
13 Sep 2017, 6:16 am by Joy Waltemath
The court refused to certify a uniform deduction subclass, finding that the employee was not similarly situated with his coworkers in this regard. [read post]
14 Oct 2020, 4:48 am by Gail Heriot
Of those, the overwhelming majority were from parents or other close family members of an affected disabled individual. [read post]
25 Feb 2010, 8:03 pm
This is an example of a portion of a class action complaint under the consumer fraud act CARTON & RUDNICK 262 HWY 35 RED BANK, NEW JERSEY 07701 (732) 842-2070 ATTORNEYS FOR PLAINTIFFS OUR FILE NO. 10035 individually and on behalf of others similarly situated, Plaintiffs, v. [read post]
30 Apr 2019, 6:46 am by Joy Waltemath
The class proceeded with a collective arbitration, which ultimately resulted in a $10 million in damages and fees to the employee and 175 similarly situated employees. [read post]
25 Jan 2012, 2:05 pm by Mark Tabakman
What this case again reinforces for me is that the knee jerk reaction of any company defending a FLSA collective action should be to look for and solidify all evidence of the dissimilarity of the lead plaintiff and the “others. [read post]
  While the first sentence [of § 216(b)] sounds in representational terms (to proceed ‘in behalf of’ otherssimilarly situated’), the second sentence refers to those who file consents as ‘party plaintiffs,’ seeming to imply that all who affirmatively choose to become participants have an equal, individual stake in the proceeding. [read post]
  While the first sentence [of § 216(b)] sounds in representational terms (to proceed ‘in behalf of’ otherssimilarly situated’), the second sentence refers to those who file consents as ‘party plaintiffs,’ seeming to imply that all who affirmatively choose to become participants have an equal, individual stake in the proceeding. [read post]
5 Jun 2015, 3:20 pm by John Jascob
In order to bring this type of claim, the judge explained, Hill needed to show that he was treated differently from individuals similarly situated to him, and identical in all relevant respects, with no rational basis for doing so. [read post]
28 Jan 2017, 8:18 pm by Quinta Jurecic
The order, handed down by Judge Ann Donnelly, rules that: The petitioners have a strong likelihood of success in establishing that the removal of the petitioner and others similarly situated violates their rights to Due Process and Equal Protection guaranteed by the United States Constitution. . . . [read post]
28 Oct 2016, 12:56 pm by Resnick Law Group, P.C.
The FLSA allows plaintiffs alleging wage and hour violations to file a lawsuit on behalf of all similarly situated employees and former employees, known as a “collective action. [read post]
28 Oct 2016, 12:56 pm by Resnick Law Group, P.C.
The FLSA allows plaintiffs alleging wage and hour violations to file a lawsuit on behalf of all similarly situated employees and former employees, known as a “collective action. [read post]