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27 Jul 2018, 6:50 am
Liability was sorted out by way of class action by way of trial in 2007. [read post]
26 Jul 2018, 8:00 am
”) There is a plethora of case law reasoning that in a breach of contract action there must be a prevailing party. [read post]
26 Jul 2018, 5:03 am
And in the specific context of that common law tort action, it is undisputed that defendants (like the unions here) could raise the affirmative defense of good faith. [read post]
25 Jul 2018, 2:33 pm
Additionally, the rule would make it harder for students to hold schools directly accountable for their illegal conduct by allowing schools to use forced arbitration clauses and class action bans to deprive students of their constitutional right to bring claims to an impartial judge or jury. [read post]
23 Jul 2018, 11:50 pm
(Refer here for discussion of a recent case in which the Rule operated this way to provide a defense.) [read post]
23 Jul 2018, 1:25 pm
Most are covered with sharp metal objects, each of which serve as a sign of activation, and more specifically of a particular action taken or sought (e.g., here). [read post]
23 Jul 2018, 11:50 am
” In his defense, the surgeon contended that because he was not appointed pursuant the Appointments Clause, he could not be an “officer of the United States. [read post]
23 Jul 2018, 7:27 am
Tompkins, 12 the New Deal’s expansion of the Commerce Clause and thus of federal power to preempt state law, the growth of federal employment and consumer law in the 1960’s and 1970’s, and the ensuing explosion of class actions. [read post]
23 Jul 2018, 3:00 am
His Excellency Juan Carlos Pinzon, the former Colombian Minister of Defense and Ambassador to the United States, will join Vanda Felbab-Brown and Michael E. [read post]
20 Jul 2018, 2:18 pm
Articles and speech transcripts published in law reviews “Defense Presence and Participation: A Procedural Minimum for Batson v. [read post]
18 Jul 2018, 10:39 pm
That is why we need to help them to create a class action lawsuit and give them more opportunities to fight for due process. [read post]
17 Jul 2018, 1:40 pm
“The USPS’s defense that the stamp fell under the fair use exemption was rejected by the Court. [read post]
16 Jul 2018, 3:00 am
Ideal candidates will also have an advanced degree in a relevant field, including international affairs, economics, defense planning, military operations or an area of the physical sciences with policy relevance. [read post]
14 Jul 2018, 6:42 am
In any action predicated on anonymous speech, regardless of legal theory, the plaintiff should not be able to discover the speaker’s identity without first making a prima facie showing that the speech in question is actionable…. [read post]
13 Jul 2018, 10:37 pm
Ron Kind (D-WI), which seeks to fight obesity and promote wellness by allowing taxpayers to use tax-preferred accounts to pay costs of gym membership or exercise classes, children’s school sports programs and certain other wellness programs and activities. [read post]
13 Jul 2018, 12:07 pm
In a typical FLSA collective action, the Plaintiff(s) first seek so-called conditional certification, fairly easy to secure, and then, later on, the employer can move to de-certify the class. [read post]
13 Jul 2018, 4:56 am
” American Pipe tolling does not preserve subsequent class actions. [read post]
13 Jul 2018, 4:24 am
Gaos, which challenges a class-action settlement in a privacy case against Google in which, under the doctrine of cy press, settlement money was “diver[ted] … from the victims to causes chosen by the lawyers is referred,” arguing that “[t]he use of cy pres in class action settlements—particularly those that enable the defendant to control the funds—is an emerging trend that violates the due process and free speech… [read post]
12 Jul 2018, 3:30 am
The Faragher/Ellerth Defense In a hostile work environment case, even if the plaintiff establishes that her supervisor sexually harassed her, the employer has an affirmative defense as long as it hasn’t already taken some kind of tangible employment action against the plaintiff (e.g., fired her). [read post]
12 Jul 2018, 3:30 am
The Faragher/Ellerth Defense In a hostile work environment case, even if the plaintiff establishes that her supervisor sexually harassed her, the employer has an affirmative defense as long as it hasn’t already taken some kind of tangible employment action against the plaintiff (e.g., fired her). [read post]
