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18 Sep 2017, 6:35 pm
In a decision likely to spur defendants to make immediate motions to compel arbitration in class actions, the California Court of Appeal, Second District, found that a defendant who chose to wait for class certification before seeking arbitration had waived the right to arbitrate. [read post]
13 Nov 2013, 10:48 am
Although the judgment was upheld on appeal in the Ecuadorian Supreme Court, the oil giant continues to fight with a RICO conspiracy suit filed in New York against 50 individuals involved in the case. [read post]
22 Jun 2020, 4:00 am
Circuit Court of Appeals, Second Circuit.Petitioner argued that the standard for constructive discharge under the NYCHRL "is unclear and, consequently, [the Circuit Court] should certify this case to [New York State's] Court of Appeals for clarification as to the proper standard. [read post]
22 Jun 2020, 4:00 am
Circuit Court of Appeals, Second Circuit.Petitioner argued that the standard for constructive discharge under the NYCHRL "is unclear and, consequently, [the Circuit Court] should certify this case to [New York State's] Court of Appeals for clarification as to the proper standard. [read post]
12 Jul 2016, 2:37 pm
Court of Appeals for the Second Circuit reversed and held that ERISA preemption did apply. [read post]
8 Aug 2017, 12:07 pm
The California Court of Appeal for the Second District disagreed and affirmed the lower court’s decision. [read post]
26 Feb 2009, 3:29 am
Five weeks ago I chronicled the travails of Portage County Municipal Judge John Plough, who’d been chastised twice within a fortnight by the 11th District court of appeals. [read post]
20 Dec 2012, 3:47 pm
We're still a few months away from that one, and under normal timelines probably about a year from a decision by the United States Court of Appeals for the Federal Circuit on this new appeal. [read post]
8 Mar 2019, 3:02 pm
California’s Second Appellate District Court, Division Three, disagreed and reversed. [read post]
4 Nov 2019, 2:37 pm
On October 9, 2019, the Second Appellate District of the California Court of Appeal issued a decision clarifying the rate of pay at which an employer must pay meal period, rest break, and recovery period premiums. [read post]
4 Apr 2008, 7:17 pm
Second Circuit Rules District Court Erred in Certifying Class Action because Individual Proof of Reliance on Tobacco Companies' Marketing of "Light" Cigarettes would be Required Steven Greenhouse of The New York Times reports today that a copycat lawsuit has been filed in New York federal court against Starbucks seeking damages arising out of the company policy of sharing store tips with shift supervisors. [read post]
24 Jan 2023, 5:00 am
The district court dismissed the Dodd-Frank whistleblower protection claim, but the SOX claim survived.The Second Circuit reversed, holding that SOX requires a whistleblower to prove retaliatory intent. [read post]
21 Sep 2011, 4:38 am
This is a Summary Order by the Second Circuit Court of Appeals. [read post]
22 Feb 2007, 6:00 am
The case then went back to the Court of Appeal (First Appellate District, Division Four). [read post]
22 Dec 2009, 5:58 am
The matter went to trial in a Federal District Court, went to Second Circuit, and the Second Circuit certified the legal issue to the New York State Court of Appeals.Defendants argued that, for Labor Law 240(1) to be applicable, "gravity must operate directly upon either the plaintiff or upon an object falling. [read post]
10 Jan 2007, 2:00 pm
Jan. 8, 2007) (found here) Judge Hurd of the United States District Court for the Norther District of New York sentenced Hartfield to 120 months imprisonment for a narcotics offense. [read post]
20 Jul 2012, 1:27 pm
And last week, the Tenth Circuit Court of Appeals reversed a jury verdict in favor of an employee challenging his exempt status because the trial court erroneously instructed the jury that an employer has to prove that an employee “plainly and unmistakably” fits within the terms of an exemption. [read post]
30 Nov 2010, 11:11 am
In terms of the history of this case, it was back on August 11, 2009, that the United States District Court Judge in the Eastern District of Texas issued its final order. [read post]
30 Nov 2010, 11:11 am
In terms of the history of this case, it was back on August 11, 2009, that the United States District Court Judge in the Eastern District of Texas issued its final order. [read post]
20 May 2013, 8:00 am
The trial court did not err in ruling on Sears's motion to preclude certification, even though it was addressed to a broader, statewide class that Dailey subsequently narrowed, in the second amended complaint, to a San Diego district class. [read post]
