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Searching Content indexed under Litigation, Mediation & Arbitration by Proskauer Rose LLP ordered by Published Date Descending.
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1
How Do Individualized Issues Impact A Class Action Settlement?
The Ninth Circuit went a long way towards answering that question in an en banc decision last week.
United States
24 Jun 2019
2
On The Mark: Understanding The Supreme Court's Latest Decision Regarding The Treatment Of Trademark Licenses In Chapter 11
In Mission, the debtor-licensor rejected a trademark license agreement and sought to terminate the licensee's right to use the debtor's trademark. This decision has important ramifications to parties to trademark licenses.
United States
24 Jun 2019
3
U.S. Supreme Court Holds That Filing An EEOC Charge Is Not A Jurisdictional Requirement For Title VII Suits
In a unanimous decision in Fort Bend County, Texas v. Davis, the United States Supreme Court held that while an employee has a mandatory obligation to file a charge with the EEOC
United States
19 Jun 2019
4
Supreme Court Limits Removal Of Class-Action Counterclaims
On May 28, the Supreme Court decided Home Depot U.S.A. v. Jackson, 17-1471 (2019), ruling 5–4 that third-party counterclaim defendants
United States
18 Jun 2019
5
Filtering Actions By Anti-Malware Software Provider Protected By CDA "Good Samaritan" Immunity
Three recent court decisions affirmed the robust immunity under the Communications Decency Act (CDA), 47 U.S.C. §230(c), for online providers that host third-party content
United States
11 Jun 2019
6
U. S. Supreme Court Holds That Third-Party Defendants To Counterclaims Cannot Remove Class Actions To Federal Court
In a 5-4 decision in Home Depot U.S.A. Inc., v. Jackson, 587 U.S. __ (2019), the United States Supreme Court held that a third-party counterclaim defendant does not qualify as a "defendant"
United States
11 Jun 2019
7
Three Point Shot - May 2019
After a couple of rounds of litigation, on March 18, 2019, the Supreme Court declined to review an antitrust lawsuit between Topgolf Int'l, Inc. ("Topgolf"),
United States
7 Jun 2019
8
Suit Over Use Of American Heart Association Certification Mark Maintains A Pulse
Is it deceptive to label food products with the mark of the American Heart Association ("AHA") without disclosing that the AHA was paid for use of its certification mark?
United States
4 Jun 2019
9
Update On Bofl SOX Whistleblower Litigation
We previously reported in October 2017 and March 2017 on a whistleblower litigation brought by Charles Erhart, a former Bank of Internet Holding, Inc. (Bofl) internal auditor.
United States
3 Jun 2019
10
California Employee Is Compelled To Litigate His Employment Claims In Indiana
Jerome Nedd was employed by Ryze Claim Solutions in El Cerrito, California for almost three years before his employment was terminated, resulting in his filing claims against Ryze for wrongful termination...
United States
31 May 2019
11
Strict Independent Contractor Test Applies Retroactively
Last year, the California Supreme Court in Dynamex Ops. W. Inc. v. Superior Court, 4 Cal. 5th 903 (2018), adopted the so-called "ABC test" for determining whether a worker is an employee or independent contractor...
United States
31 May 2019
12
Seventh Circuit Reaffirms Test For Employee Status
On May 8, 2019, the Seventh Circuit reaffirmed its test for determining employee status under federal anti-discrimination laws ...
United States
29 May 2019
13
DC Circuit Opinion Reaffirms Fiduciary And Disclosure Obligations Of Advisers While Rejecting SEC Finding Of "Willful" Violations
The DC Circuit recently released an opinion addressing the SEC's administrative findings against registered investment adviser The Robare Group (TRG)
United States
28 May 2019
14
Retail Salespeople Paid On Commission Are Entitled To Overtime And Sunday Pay, Massachusetts SJC Says
On May 8, 2019, Massachusetts' highest court held that retail salespersons who are paid entirely on a commission or draw basis, may nevertheless be entitled to additional overtime or pay for work on Sundays.
United States
20 May 2019
15
Northern District Of New York Denies Class Certification And Decertifies Collective, Confirming Common Answers Not Common Questions Are Required
On April 26, 2019, the Northern District of New York held that a group of Plaintiffs failed to satisfy their burden to establish commonality and predominance under Fed. R. Civ. P. 23
United States
20 May 2019
16
9th Circuit Applies Strict Independent Contractor Test, Dynamex, Retroactively
Last year, we questioned whether California's new restrictions on independent contractors would apply retroactively.
United States
17 May 2019
17
Alabama Federal Court Denies Motion For Summary Judgement On SOX Whistleblower Claim
On April 2, 2019, the U.S. District Court for the Northern District of Alabama denied a defendant-employer's motion for summary judgment on a SOX whistleblower retaliation claim
United States
16 May 2019
18
CFAA Claim Dismissed In Scraping Suit, While Contract Claim Survives
This month, an Illinois district court considered another in the series of web scraping disputes that have been working their way through our courts.
United States
14 May 2019
19
California Court Sours On Starbucks Gummies Lawsuit
Several months ago we covered two Second Circuit decisions that addressed false advertising claims related to ingredients and product labeling of foods, which reached differing results.
United States
14 May 2019
20
United States Supreme Court Says Courts Cannot Compel Classwide Arbitration Absent Affirmative Contractual Agreement
In a 5-4 decision authored by Chief Justice Roberts on April 24, 2019, the United States Supreme Court held that the Federal Arbitration Act ("FAA") precludes a court from compelling class arbitration
United States
10 May 2019
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