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23 Apr 2012, 8:52 am
" To further illustrate the point that discriminatory behavior fueled by inaccurate perception of a person's membership in a protected class is a violation of the NJLAD, the Court cited to several disability discrimination cases where New Jersey courts found that an employer who wrongly perceived an employee to have a disability and took adverse actions against that employee based on those assumptions violated the NJLAD. [read post]
23 Apr 2012, 8:07 am
Dukes decision into California’s class action jurisprudence. [read post]
23 Apr 2012, 12:33 am
Sorry, Sweetie, not a defense. [read post]
20 Apr 2012, 5:02 pm
Senate Will Debate Resolution to Block National Labor Relations Board’s “Quickie” Election Rule – New York lawyer Seth Borden of McKenna Long & Aldridge on the firm’s blog, Labor Relations Today First Small Physician Practice Joins The Parade of HIPAA PHI Security Breaches – Pittsburgh attorney William Maruca of Fox Rothschild on the firm’s blog, HIPAA, HITECH & HIT US Supreme Court Finds that Mental and Emotional Distress are not… [read post]
20 Apr 2012, 2:00 pm
See Concurring Opinion (Werdegar, J.), at 3 (“For purposes of class action manageability, a defense that hinges liability vel non on consideration of numerous intricately detailed factual questions, … is different from a defense that raises only one or a few questions and that operates not to extinguish the defendant’s liability but only to diminish the amount of a given plaintiff’s recovery. [read post]
20 Apr 2012, 10:18 am
If plaintiff really had to show confusion among consumers at the point of sale, the dangers associated with a passing off action would look different (he suggests this might be true in UK). [read post]
20 Apr 2012, 3:33 am
And that makes it a great time to be a class-action defense lawyer. [read post]
20 Apr 2012, 3:29 am
One tangible consequence of the ruling will be that many rest break class actions that had been either formally or informally stayed will now proceed, with the employer/defendants’ exposure on rest break claims now greater than during the protracted pre-Brinker phase. [read post]
20 Apr 2012, 2:00 am
Rarely is a securities class action lawsuit resolved in any way other than a negotiated settlement – a very imperfect process. [read post]
19 Apr 2012, 12:32 pm
I’d focus on looking for class action lawyers who focus their practice on the industry my company was in, rather than generalist class action gurus. [read post]
19 Apr 2012, 12:00 pm
And Suzy Friedman from Environmental Defense Fund discussed how evaluating and adapting land management practices can reduce nutrient pollution. [read post]
19 Apr 2012, 2:32 am
” He thus urged class action defense counsel to look for ways to challenge the class definition. [read post]
18 Apr 2012, 7:44 pm
Ultimately, the overriding problem is that playing Whack-a-Mole with class action attorneys can wear you out. [read post]
18 Apr 2012, 12:19 pm
Put differently, a defense previously available to employers to defeat a class action by kicking out the lead plaintiff may be endangered. [read post]
18 Apr 2012, 10:56 am
There are certain defenses employers can invoke to protect themselves from harassment claims filed by employees. [read post]
18 Apr 2012, 9:57 am
March 7, 2012), the Northern District of Illinois certified a class action lawsuit against Abercrombie & Fitch brought by unhappy shoppers who claim that Abercrombie voided holiday gift cards that said they had no expiration date. [read post]
18 Apr 2012, 9:15 am
It is incomprehensible that our plight is not even close to being over, but it should be sincerely humbling that, as I write these words, we don’t even have a plan on a drawing board that one could credibly claim has even the remotest chance of abating a crisis that can only continue to break the economic back of our middle class, ultimately destroying our citizenry’s faith in what has been referred to as “The American Dream” for more than 200 years. [read post]
17 Apr 2012, 2:27 pm
(Although sometimes this happens the other way around, perhaps because plaintiffs’ lawyers think the smaller insurers will have less familiarity with class actions and hire less qualified defense counsel, and will try to obtain favorable rulings they can then use against the larger carriers.) [read post]
17 Apr 2012, 12:53 pm
Immoos Fire Protection, Inc., the plaintiff alleged a variety of wage and hour violations against his employer and sought to litigate his claims as a class action. [read post]
17 Apr 2012, 9:56 am
She said her Spanish teacher in particular values class participation, and she knows that the teacher has the right to penalize students who refuse to take part in her class. [read post]
