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11 Jan 2017, 1:14 pm
United States, 135 S.Ct. 2551 (2015), the Third Circuit then went on to find § 16(b) was void for vagueness under the Due Process Clause, joining the Sixth, Seventh, Ninth and Tenth Circuits, all of which have previously found §16(b) unconstitutionally vague and invalid. [read post]
28 Jul 2014, 8:28 am
In Wilkinson, the defendant moved to dismiss under what is known as a 12(b)(6) motion for failure to state a claim for which relief can be granted. [read post]
3 Feb 2010, 3:33 pm
Waiver.The plaintiff contended the defendant waived its right to arbitration because defendant (a) filed an alternative motion for summary judgment in conjunction with one of its motions to dismiss, (b) requested the court instruct the arbitrator to hear plaintiff's claim on only an individual basis, and (c) sought to remove the case to federal court.The Court recited prior cases regarding waiver, stating "the intention to waive must be clearly established and will not be… [read post]
22 Jan 2011, 5:34 am by Andrew Frisch
Chinese Daily News, Inc., 623 F.3d 743, 753-55, 760-62 (9th Cir.2010) (holding that a district court properly certified a Rule 23(b)(2) class along with an FLSA collective action and properly exercised supplemental jurisdiction over the state-law claim); Lindsay v. [read post]