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5 May 2015, 6:57 am
The district court denied the EEOC’s motion to dismiss the affirmative defense, but certified the issue for immediate appeal. [read post]
4 May 2015, 4:47 pm
Much of the rest of the column is devoted to talking about how bad Pamela Geller is, and how the American Freedom Defense Initiative is a hate group. [read post]
4 May 2015, 1:17 pm
The employer raised as a defense the argument that the EEOC had failed to conciliate in good faith prior to filing suit, based on two letters sent by the Commission. [read post]
4 May 2015, 12:28 pm
Because the remedial action of a Defendant is not admissible in a criminal proceeding, sometimes voluntary entry into a psychological counseling session, drug/alcohol awareness class, or anger management seminar may appeal to the prosecutor making decisions on the case. [read post]
4 May 2015, 12:02 pm
Class action defense attorneys have been fighting for higher qualifications for class certification, arguing that once a class is certified, defendants are under increased pressure to settle the dispute. [read post]
4 May 2015, 6:00 am
Another proposal would make Rule 68 inapplicable in class actions. [read post]
1 May 2015, 12:07 pm
On the other hand, the infant AFL, soon to molt from the impotent Federation of Organized Trades and Labor Unions, tied its star to the militant eight-hour actions. [read post]
1 May 2015, 10:00 am
Gomez 14-857Issue: (1) Whether a case becomes moot, and thus beyond the judicial power of Article III, when the plaintiff receives an offer of complete relief on his claim; (2) whether the answer to the first question is any different when the plaintiff has asserted a class claim under Federal Rule of Civil Procedure 23, but receives an offer of complete relief before any class is certified; and (3) whether the doctrine of derivative sovereign immunity recognized in Yearsley v. [read post]
1 May 2015, 9:19 am
At the time, Indiana law permitted a defense of voluntary intoxication to negate mens rea. [read post]
30 Apr 2015, 3:03 pm
Product injury firm Hissey Kientz shared an update from the DePuy metal-on-metal hip replacement class action underway in Australia, and noted that more than 2300 Stryker Rejuvenate lawsuits are pending in the multi-district litigation underway in the US. [read post]
30 Apr 2015, 9:24 am
The ARB found that substantial evidence nevertheless supported the ALJ’s finding of adverse employment action. [read post]
29 Apr 2015, 1:38 pm
And, the Court explained, the non-disclosure provision alone precluded the courts from engaging in any deeper inquiry into the EEOC’s actions during conciliation. [read post]
29 Apr 2015, 10:21 am
In defining the scope of judicial review, the Supreme Court threaded a line between the EEOC’s position and the position of the defense. [read post]
28 Apr 2015, 12:29 pm
And even if the cause of action was time-barred, would the court then still have authority to so rule on the merits? [read post]
28 Apr 2015, 12:29 pm
And even if the cause of action was time-barred, would the court then still have authority to so rule on the merits? [read post]
28 Apr 2015, 2:47 am
At Mayer Brown’s Class Defense Blog, Andrew Pincus and others discuss the grant in Spokeo Inc. v. [read post]
27 Apr 2015, 9:01 pm
These principles, by and large, were not dictated by constitutional principles or mandates, but by the common law principle of comity—respect for the actions of other states. [read post]
26 Apr 2015, 10:07 pm
Most obviously, the pro-plaintiff outcome will help LearJet and the other end-users who brought or who will (by way of the class action mechanism) benefit from the litigation. [read post]
26 Apr 2015, 10:02 pm
Like so much that USDA does, it wants to appear busily in action, convincing the public that, “We are on it! [read post]
26 Apr 2015, 4:59 pm
The excess reinsurers denied coverage for defense costs and settlement amounts associated with the underlying claims. [read post]
