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Searching Content indexed under Litigation, Mediation & Arbitration by Cozen O'Connor ordered by Published Date Descending.
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1
#No Filter: Terminating An Employee For Social Media Posts – Part 2
Prior to the advent of social media and especially the #MeToo movement, employers were generally comfortable drawing a bright line between...
United States
20 Sep 2019
2
Form And Substance: The Importance Of Conducting A Proper Investigation Of First-Party Claims Under California Law
A bad faith claim against an insurer often focuses as much on the process of a claims investigation as it does on the substance of a claims decision itself.
United States
15 Jul 2019
3
Insured Made Whole After Subrogation Recovery
A property insurer, having paid for covered damage, can recover the loss by seeking reimbursement from its insured where the insured has recovered funds from a responsible third-party, ...
United States
12 Jul 2019
4
Lower Court Split Means Supreme Court Could Rule On Rights Of Gay And Transgender Employees
According to a Supreme Court brief filed by the U.S. Department of Justice (DOJ), federal law allows employers in the United States to purposefully discriminate against employees based on their gender identity.
United States
9 Nov 2018
5
Supreme Court Issues Janus Decision
Today, the U.S. Supreme Court announced its much-anticipated decision in Janus v. AFSCME, (June 27, 2018), overruling Abood v. Detroit Board of Education, 431 U.S. 209 (1977) ...
United States
21 Sep 2018
6
Sixth Circuit Holds Full-Time Presence At Work Is Not An Essential Function Under ADA
In a July 17, 2018 opinion, the U.S. Court of Appeals for the Sixth Circuit held "full-time presence at work is not an essential function."
United States
21 Sep 2018
7
II-33- Hot Summer Trends: The Supreme Court On Class Action Waivers, And The Rise Of Web Site Accessibility Lawsuits
As Memorial Day approaches to usher in the unofficial start of the hot summer season, today's new episode analyzes two red-hot issues: This week's Supreme Court decision on class action waivers, and the staggering rise of web site accessibility lawsuits.
United States
21 Sep 2018
8
Increasing Scrutiny On Franchise "No Poach" Clauses
Companies who enter into agreements between two or more employers not to hire the other's employees or to limit competitiveness in the hiring process may face potential criminal and civil liability.
United States
21 Sep 2018
9
The Illinois Supreme Court Opens Door To Claims Against Government Entities For Flood Losses
Floods lead to costly claims for insurance companies. Unfortunately, subrogated insurers are frequently precluded from pursuing governmental entities that cause flooding...
United States
3 Jan 2017
10
Contracts Are Considered When Using Assisted Reproduction Technology
Two recent decisions highlight the importance of contracts between parties in cases involving assisted reproduction technology (ART).
United States
28 Dec 2015
11
Supreme Court Rejects Class Plaintiff’s Attempt To Avoid Federal Court By Stipulation Damages Will Be Less Than $5,000,000
In "Standard Fire Ins. Co. v. Knowles", the U.S. Supreme Court held that a class-action plaintiff may not avoid the effect of the federal Class Action Fairness Act.
United States
19 Apr 2013
12
The Duty To Preserve Social Media Information
It is not, as many recent articles and blogs have discussed, just about whether relevant social media information can be discovered by one party in a lawsuit.
United States
16 Apr 2013
13
California Court Affirms Strict Product Liability Despite Third-Party Criminal Act
A California court has given new meaning to the judicial maxim "on a clear day you can foresee forever!"
United States
16 Apr 2013
14
Is A Curious Police Dog On Your Porch A Search Under The 4th Amendment? - SCOTUS Answers In Florida v. Jardines
Let’s say one day you observe your local police officer walk a drug-sniffing police dog up to the front door of your neighbor’s house.
United States
16 Apr 2013
15
Supreme Court Continues To Push The Envelope For Merits Determinations
The lesson to class counsel may be that in class actions, pleading or arguing in the alternative can have serious adverse consequences, as the Supreme Court has essentially instructed lower courts to flyspeck class certification evidence for inconsistencies with discarded liability theories.
United States
12 Apr 2013
16
Video Interview: Discussing Standard Fire v. Knowles With LXBN TV (VIDEO CONTENT)
Following up on my recent post on the case, I had the opportunity to speak with Colin O'Keefe of LXBN regarding the Supreme Court's ruling in Standard Fire v. Knowles.
United States
12 Apr 2013
17
The Supreme Court's Amgen Decision: Keeping Merits Inquiries Out Of "Fraud On The Market"
While the Supreme Court's recent jurisprudence has increasingly favored merits inquiries at the class certification stage, there is one area in which the Court has been reluctant to blur the distinction between certification and merits: the "fraud on the market" presumption in securities class actions.
United States
8 Apr 2013
18
Check The White Pages For Personal Information: Massachusetts Decision Highlights The Expansion Of Consumer Privacy Litigation
Last week, in "Tyler v. Michaels Stores, Inc.", the Supreme Judicial Court of Massachusetts responded to certified questions presented by the district court.
United States
8 Apr 2013
19
Supreme Court: Damages Stipulation Does Not Defeat CAFA Jurisdiction
The Supreme Court held today that a named class plaintiff’s pre-certification stipulation that the class will seek less than $5 million in damages does not defeat federal diversity jurisdiction under CAFA.
United States
2 Apr 2013
20
Recusal - Judge Impartiality And Disqualification
Recently, the Chief Judge for the United States District Court for the Southern District of New York refused to recuse herself from a case simply because her husband and his clients may have been the victim of the defendant’s efforts to hack a computer system.
United States
27 Mar 2013
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