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25 Oct 2017, 11:03 am
” While circuit courts have split on the meaning of this provision, and its contours have not been fully explored over the CRA’s short and relatively dormant history, it seems likely that a private party can raise CRA non-compliance as a defense in an action to enforce a rule. [read post]
25 Sep 2011, 7:54 am
Crotty Saland PC is a New York criminal defense firm founded by two former Manhattan prosecutors. [read post]
8 Feb 2017, 1:37 pm
The Guidance reiterates the four standards of harassment liability based on the relationship of the harasser to the employer: The employer’s proxy or alter ego (strict liability); The employer’s supervisor who engages in a “tangible” employment action against the victim (vicarious liability); The employer’s supervisor who engages in harassment but does not engage in a “tangible” employment action against the victim (vicarious liability,… [read post]
4 Aug 2017, 10:00 am
Discovery may relate to the claim or defense of the party seeking discovery or of any other party to the action. [read post]
27 Nov 2011, 8:20 pm
Eveleth Tavonite Co.: The first class-action sexual harassment lawsuit was filed in 1988 on behalf of Minnesota mining company employee Lois Jensen, who described a pattern of harassment and abuse beginning when she went to work there in 1975. [read post]
13 May 2010, 5:02 am
Although the decision applies only to the Broward suit, plaintiffs' attorney Robert Gilbert said it will affect class actions pending in Miami-Dade, Palm Beach, Lee and Orange counties. [read post]
14 Jan 2010, 12:37 am
Wal-Mart: 9th Circuit Upholds Class Certification in $11 Billion Sexual Discrimination Case [read post]
4 Aug 2017, 10:00 am
Discovery may relate to the claim or defense of the party seeking discovery or of any other party to the action. [read post]
14 Oct 2020, 12:38 pm
He represents companies in complex litigation and arbitrations, including class action defense actions connected with data breach and privacy claims. [read post]
28 Nov 2016, 2:45 pm
President-elect Trump avoided the trial by agreeing to settle the two class action lawsuits in federal court in San Diego and as third in New York. [read post]
3 Jun 2020, 9:03 am
Good faith reliance on a court order or a representation made by the Attorney General or a district attorney is a complete defense to any civil or criminal action brought under this Article. (1995, c. 407, s. 1.) [read post]
13 Sep 2011, 11:41 pm
Watch out greenwashers; here comes the FTC Children’s Coldcalm Class Action Continues Two Can Too Toucan, or Can They? [read post]
7 Sep 2021, 11:25 am
Enforcement OPPA does not grant a private right of action, including class action lawsuits brought under the act. [read post]
4 Jul 2012, 7:19 am
; Thomas Pfeiffer, Recast of the Brussels I Regulation: The abolition of Exequatur; Stefania Bariatti, Recognition and Enforcement in the EU of Judicial Decisions Rendered upon Class Actions: The Case of U.S. and Dutch Judgments and Settlements; Manlio Frigo, Recognition and Enforcement of Judgments on Matters Relating to Personality Rights and the Recast Proposal of the Brussels I Regulation; Marco De Cristofaro, The Abolition of Exequatur Proceedings:… [read post]
1 Sep 2016, 7:10 pm
Background The court explained that the transitive property of entity litigation recognizes that a derivative action that asserts claims for breaches of fiduciary duty and an investor class action that asserts similar theories may be conceptually distinct and doctrinally separate, but can be functionally equivalent and, therefore, substitutes. [read post]
30 Apr 2021, 6:59 am
According to the article, “[p]articularly in cases with strong evidence of intentional discrimination against traditionally protected classes, defenses that entities did not have sufficient notice of this application of unfairness statutes are unlikely to be persuasive. [read post]
2 Jun 2014, 9:05 am
Wyndham and the Heartbleed Bug From: Neil Cohen, Publisher Dear Practitioner, Since mass data breaches are the new normal and the FTC, SEC, Attorney Generals, class action lawyers and credit card companies are poised to pounce, we expect data breaches and privacy to be the new centerpieces of federal and state regulation and litigation. [read post]
18 May 2016, 10:54 pm
Plaintiff then brought this action, claiming malicious prosecution and a host of retaliation and due process claims. [read post]
9 Apr 2012, 6:06 pm
For these clients an explanation of the specific facts and circumstance of their non-compliance may provide a “reasonable cause” defense to penalties. [read post]
2 Nov 2020, 8:52 am
Policies may cover defense costs involving legal fees, as well as indemnification for damages. [read post]
