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16 Jun 2022, 11:42 am
While your case might proceed slightly differently, it will include all or most of the below elements. [read post]
16 Jun 2022, 11:14 am
The actions were consolidated and lead plaintiff selected. [read post]
16 Jun 2022, 10:05 am
The first element that any plaintiff moving for an injunction is to establish that it has a likelihood of success on the merits of its claim warranting injunctive relief. [read post]
16 Jun 2022, 10:04 am
That’s all for this week. [read post]
Supreme Court Holds That PAGA Representative Waivers Are Enforceable In Certain Significant Respects
16 Jun 2022, 9:45 am
The Supreme Court construed this to mean that “a plaintiff can maintain non-individual PAGA claims in an action only by virtue of also maintaining an individual claim in that action,” so the Court’s holding all of the plaintiff’s individual PAGA claims were arbitrable required dismissal of her non-individual claims in court. [read post]
16 Jun 2022, 9:16 am
Mediation is all about the needs of the parties. [read post]
16 Jun 2022, 8:53 am
Jan. 27, 2022) Plaintiff alleged that defendants Oorah, Kars4Kids, and JOY violated the FAL and UCL “because, contrary to what their advertisements say and suggest, (1) their charity efforts benefit not all children, but primarily Orthodox Jewish children in New York and New Jersey, (2) some of the charitable donations received go toward risky real estate investments, and (3) much of the charitable donations received go toward paying Defendants’ operating costs. [read post]
16 Jun 2022, 8:49 am
Jun. 6, 2022) The district court granted summary judgment to Sun Products on Eidelman’s claims for violations of sections 349 and 350 of New York’s GBL and for unjust enrichment arising out of his purchase of defendants’ all Free Clear Plus detergent, reasoning that he hadn’t shown injury. [read post]
16 Jun 2022, 8:36 am
” We bracket all of those questions for a separate analysis. 18 U.S.C. [read post]
16 Jun 2022, 8:01 am
” “Dentons contends the appeals court opened too wide a door for plaintiffs to sue over alleged malpractice and that ‘guardrails’ are needed for evidence and damages standards. [read post]
16 Jun 2022, 6:35 am
In 2015, plaintiff Bonnie Peltier, the mother of a female kindergarten student at CDS, informed [the founder of the school, Baker A. [read post]
16 Jun 2022, 6:32 am
But for all employers, they will need to be mindful of the fact that Viking River Cruises may not be the final word on the impact of arbitration agreements on PAGA claims. [read post]
16 Jun 2022, 6:29 am
With respect to the TCPA, a plaintiff can sue directly and can recover statutory damages of $500-1,500 per violation. [read post]
16 Jun 2022, 6:19 am
As for the Department’s purported discriminatory motivation, Plaintiffs allege that the Department openly acknowledged that its requestto reclassify the DLE positionwas designed to bypass the all-white list of test-passing candidates that existedwhen the DLE position became vacant. [read post]
16 Jun 2022, 6:14 am
This week, the Fourth Circuit court of appeals, sitting en banc (meaning all of the judges of the court together), held that a charter school’s dress code that requires girls to wear skirts violates their constitutional right to equal protection. [read post]
16 Jun 2022, 4:23 am
All that matters is whether the official violated a clearly established constitutional right. [read post]
16 Jun 2022, 4:19 am
All in all, this was a fair settlement. [read post]
16 Jun 2022, 4:00 am
” Nor does the fact that Defendant is subject to the federal government’s COVID-19 guidance for meat and poultry plants convert Defendant into a government actor.The court also dismissed several other, but not all, of plaintiffs' additional claims. [read post]
16 Jun 2022, 3:30 am
Richard Murphy Sure, we all know about Ex parte Young, the 1908 Supreme Court precedent that stands broadly for the proposition that plaintiffs can, without any express statutory cause of action, invoke a form of “nonstatutory review” to sue government officials to enjoin unconstitutional actions. [read post]
16 Jun 2022, 3:11 am
Even with the active lawsuits, the plaintiff’s lawyer must furnish discovery requests before they can get access to such information. [read post]
