Search for: "Class Action Defense"
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13 Jan 2015, 4:47 am
This Article argues that, for an important class of disputes, this supposed discord between text and purpose is an illusion. [read post]
12 Jan 2015, 4:03 am
"Though both Brock and Jordan cited Matrix to the 4th DCA, the court said that it was inapplicable to their situation since they were involved in a criminal case, and the 1st DCA analysis of Section 440.105(4)(b)9 had been limited to how the statute applied to the denial of coverage in a workers' compensation case.We'll ultimately, of course, see how the courts deal with Brock and Jordan - the point is that there is still a second class of human in the work force: those who… [read post]
11 Jan 2015, 10:42 am
I thought it should go without saying, but the attempt at explanation of why someone behaves a certain way (at the individual level, what motivates action) is not equivalent in any way to a defense of the proposed reasons that motivate an actor and that are part of said explanation, nor does it amount to any sort of apology (or ‘excuse’) for the behavior under examination. [read post]
9 Jan 2015, 5:30 pm
Before today’s Top 10, a heads-up that Jerry Maatman joined me on LXBN TV to discuss trends in workplace class actions. [read post]
9 Jan 2015, 7:32 am
If a neutral lending practice has a disparate impact on a protected class of people, it is unlawful absent a winning business defense. [read post]
9 Jan 2015, 6:21 am
Part Four summarizes the EEOC’s investigations and subpoena enforcement actions, particularly where the EEOC has made broad-based requests to conduct class-type investigations. [read post]
9 Jan 2015, 4:55 am
— via Mike Haberman’s Omega HR Solutions Knowing When to Fire Someone — via Harvard Business Review 15 for ’15: Employment and labor resolutions for the new year — via Robin Shea’s Employment & Labor Insider Don’t Be That Guy: Holding Out on Employment Background Checks — via employeescreenIQ Blog The Employee Zone Of Privacy — via Ohio HR LawWage & Hour Exotic dancers agree to $2.3 million wage and hour settlement — via… [read post]
8 Jan 2015, 6:00 am
The legal profession has responded on a number of fronts, adopting what has been characterized as a “regime of defensive self-regulation. [read post]
7 Jan 2015, 1:48 pm
If HB507 becomes law, then criminal defense lawyers would lose some business. [read post]
7 Jan 2015, 10:52 am
., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioners in this case.Issue: (1) Whether the Secretary of the Interior, when concluding that a federal agency action will jeopardize a species listed as threatened or endangered under the Endangered Species Act, must address in the administrative record the economic and technical feasibility of proposed “reasonable and prudent alternatives,” including the effects of the proposed… [read post]
7 Jan 2015, 7:08 am
But the real stake here is the underlying theory of the class action. [read post]
7 Jan 2015, 6:21 am
It also rejected the merit-based defenses. [read post]
7 Jan 2015, 4:37 am
” Though at least six class action lawsuits have been filed on behalf of present and former Sony employees, so far there have been no shareholder lawsuits filed. [read post]
6 Jan 2015, 4:34 pm
Patrick Leahy, D-Vt., highlighting the seriousness of this problem and directing those agencies to report back on their actions to address it. [read post]
6 Jan 2015, 8:10 am
The Court described that adverse employment actions could also include involuntary transfers and investigations. [read post]
6 Jan 2015, 6:54 am
This decision provides companies with a significant and rational defense to class certification in class actions. [read post]
6 Jan 2015, 4:14 am
If the filing of a class action lawsuit does not toll the statute of repose, current practices regarding class action opt-outs could be significantly affected. [read post]
5 Jan 2015, 8:47 am
The district court called Caner’s argument “spurious” and “ludicrous on its face,” observing that the First Amendment’s protections (as advanced by the fair use defense) “have never applied to some bizarre oligarchy of ‘qualified’ speakers. [read post]
5 Jan 2015, 6:18 am
As Wikipedia explains, the procedure for filing a federal class action suit is tofile suit with one or several named plaintiffs on behalf of a proposed class. [read post]
31 Dec 2014, 8:13 am
As 2014 comes to a close, here are a few observations on key trends I’ve seen in insurance class actions (and class actions more broadly) over the last year: Changes in the law have frequently led to new class action filings. [read post]