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5 Jul 2015, 3:04 pm
The equitable defense in question is a change in the law, specifically, the Court noted that after 2012, the EEOC determined that transgender discrimination was actually a form of gender discrimination and could be pursued under the statute.I might know that when Title VII was originally passed, the prospect of gender orientation discrimination was never considered or intended by the drafters and to this day, the statute does not contain language making general orientation a protected… [read post]
3 Jul 2015, 5:38 pm
Implications For Employers While not a workplace class action, Texas Dep’t of Housing & Community Affairs will be of significant use to employers defending against disparate impact class actions. [read post]
2 Jul 2015, 3:12 pm
If the employer’s reasons for its actions are not sufficiently strong to justify the burden, that will “give rise to an inference of intentional discrimination. [read post]
2 Jul 2015, 7:43 am
As to the HWE claim, the court held that the alleged incidents were not sufficiently severe or pervasive and that the Ellerth/Faragher defense applied. [read post]
2 Jul 2015, 6:37 am
An MDL is a “sort of” class action lawsuit. [read post]
1 Jul 2015, 8:25 pm
In this court's view, the Legislature did not intend nor is there a defense to DRL § 170(7). [read post]
1 Jul 2015, 4:30 am
The case was styled as an economic-loss-only class action. [read post]
30 Jun 2015, 8:48 am
However, legal action for a false complaint is seldom taken due to fear of the accused being victimized. [read post]
30 Jun 2015, 2:57 am
Of course class action jurisprudence of late represents a general hostility to consumer protection, but that’s mostly done procedurally—this is a deep substantive wound. [read post]
29 Jun 2015, 9:17 am
Plaintiff has characterized this action as “just one battle” in a “malicious war. [read post]
29 Jun 2015, 4:34 am
Jennifer Davis: class consciousness among judges in English law of 19th c. [read post]
28 Jun 2015, 8:50 am
It would permit this class action – – which was brought against defendant Google Inc. [read post]
27 Jun 2015, 5:25 pm
Tom and Simon are expert defense litigators at the Locke Lord law firm, and they have deep experience representing food and beverage companies in class action lawsuits around the country. [read post]
26 Jun 2015, 9:10 am
It seems like this opinion is most defensible as an instance of method 1, an equal protection opinion based on fundamental-interests. [read post]
25 Jun 2015, 5:31 pm
David Slays Goliath…And Goliath Is Pissed – Chicago lawyer Alan Wolper of Ulmer Berne on the firm’s blog, Broker-Dealer Law Corner Skinnygirl Margarita Class Rejected Again: Proof Fell Below Third Circuit’s High Bar for Ascertainability – Penelope Preovolos of Morrison Foerster on the firm’s blog, Private Surgeon General Class Action Defense What the Supreme Court’s Decision on Affordable Care Act Subsidies… [read post]
25 Jun 2015, 5:12 pm
The ATP decision prompted the new bill, drafted by plaintiff and defense attorney members of the Delaware Corporation Law Council. [read post]
23 Jun 2015, 12:29 pm
This In Sharper Focus Guest Post by Cleveland attorney Harlan D. [read post]
19 Jun 2015, 5:00 am
Now, the plates are attached to his 2002 Mercedes-Benz S-Class sedan. [read post]
17 Jun 2015, 7:06 pm
The Justices denied Allstate’s petition for cert raising questions about the Rule 23 class action commonality requirement and due process rights. [read post]
17 Jun 2015, 11:46 am
Some I’m not sure I fully see the wisdom in fighting a class action. [read post]