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22 Jan 2023, 6:59 pm by Francis Pileggi
Feb. 15, 2021), did not support extending the agency theory to an exculpation inquiry of an agreement beyond those persons who govern a partnership or limited liability company. [read post]
27 Apr 2022, 12:32 pm by John Elwood
Evidently, the petitioner in Mallory (a railroad worker who wants to sue his employer in Pennsylvania) was successful in arguing that his case is a better vehicle for addressing the issue than Cooper Tire & Rubber Company v. [read post]
See, e.g., Plaza Auto Center, Inc., 360 NLRB 972 (2014); Pier Sixty, LLC, 362 NLRB 505 (2015); and Cooper Tire & Rubber Co., 363 NLRB No. 194 (2016) to get a sense of the outrageous conduct the Board has recently found permissible under the Act. [read post]
29 May 2018, 12:00 am by Emma Feeney
Cooper Tire & Rubber, 834 F.3d 481 (3d Cir. 2016), when a 14(a) claim sounds in fraud it is subjected to the heightened pleading standards of the Private Securities Litigation Reform Act (“PSLRA”). [read post]
26 Apr 2018, 10:20 am by Keahn Morris
Cooper Tire & Rubber Co., 363 NLRB No. 194 (2016); Pier Sixty, LLC, 362 NLRB No. 59 (2015) Off-duty employees’ right to access company property to engage in union activities and other protected concerted activities. [read post]
13 Oct 2016, 6:50 am by Dennis Crouch
King Drug Company of Florence, Inc., et al., No. 15-1055 (antitrust reverse payment – appeal from the 3rd Cir.) 3. [read post]
14 Jan 2016, 11:43 am by John Elwood
Pauley, 15-577, wanted to resurface its pre-school’s playground with Rubber provided by the Missouri Scrap Tire Grant Program. [read post]
22 Apr 2015, 10:22 am by SEClaw Staff
Fraud Charges Against Investment Adviser Accused of Concealing Poor Performance of Fund Assets From InvestorsAn investment adviser and her New York-based firms have been accused of hiding the poor performance of loan assets in three collateralized loan obligation (CLO) funds they manage.Former Polycom CEO Charged With Hiding Perks From InvestorsThe former CEO of Silicon Valley-based technology firm Polycom Inc. has been charged with using nearly $200,000 in corporate funds for personal… [read post]
19 Mar 2015, 8:31 am by W. Kelly Johnson
These comments came two weeks after the SEC announced the settlement made with Goodyear Tire & Rubber, which included $14.1 million in profit disgorgement and $2.1 million in penalties to settle allegations concerning African subsidiaries. [read post]
10 Nov 2012, 2:14 pm by Law Lady
Cooper Tire & Rubber Co., 32 No. 10 Westlaw Journal Automotive 6, Westlaw Journal Automotive November 6, 2012A federal judge in Louisiana has remanded a wrongful-death tire defect case to state court, finding insufficient proof that the plaintiff improperly named an in-state car dealership as a defendant to avoid federal diversity jurisdiction. [read post]
10 Nov 2012, 2:14 pm by Law Lady
Cooper Tire & Rubber Co., 32 No. 10 Westlaw Journal Automotive 6, Westlaw Journal Automotive November 6, 2012A federal judge in Louisiana has remanded a wrongful-death tire defect case to state court, finding insufficient proof that the plaintiff improperly named an in-state car dealership as a defendant to avoid federal diversity jurisdiction. [read post]
25 Jun 2012, 7:00 am
Court of Appeals for the Fifth Circuit affirmed sanctions against a plaintiffs' law firm, Smith & Fuller, for inadvertently disclosing confidential and trade secrets documents that were covered by a protective order in a lawsuit against Cooper Tire & Rubber Company. [read post]
27 Mar 2012, 12:03 pm by Max Kennerly, Esq.
Inc. was incompetent to testify about tire failures); Cooper Tire & Rubber Co. v. [read post]
3 Dec 2011, 9:56 am by Law Lady
MVP HEALTH, INC., Appellee. 1st District.Administrative law -- Agency for Health Care Administration -- Revocation of assisted living facility licenses, denial of licensure renewal applications, and imposition of administrative fines -- Claims against licensee were not proven where only evidence to support claims was uncorroborated hearsay -- Claim that licensee operated another assisted living facility without obtaining a valid license or qualifying for a license exemption was not proven… [read post]
16 Sep 2011, 1:39 pm
The company has agreed to cooperate with the Justice Department in its ongoing investigations and has committed to extensive remediation and to enhance its compliance program and internal controls. [read post]