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Searching Content indexed under Litigation, Mediation & Arbitration by Seyfarth Shaw LLP ordered by Published Date Descending.
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1
Good News For Employers: D.C. Circuit Insists On "Hard Look" At Uninjured Class Members At Class Certification Stage
Seyfarth Synopsis: In a decision with far–reaching implications for workplace class actions, the D.C. Circuit recently affirmed the denial of class certification of a Rule 23(b)(3) class
United States
23 Aug 2019
2
Whew! Fifth Circuit Reinforces Importance Of Documenting Performance Issues
In affirming summary judgment in favor of the defendant in an Family and Medical Leave Act (FMLA) interference and retaliation case, the Fifth Circuit reinforced the importance of documenting performance issues and...
United States
22 Aug 2019
3
The Supreme Court Of Ohio Rules That Defendants Need Not Plead An Arbitration Defense To Defeat Class Certification
Eventually, Plaintiff filed a motion to certify the case as a class action and PartsSource opposed the motion.
United States
20 Aug 2019
4
Webinar Recap! Hot Topics And Trends In California Consumer Class Actions
We are pleased to announce the webinar "Hot Topics and Trends in California Consumer Class Actions" is now available as a webinar recording.
United States
20 Aug 2019
5
Companies Remain In Suspense On AB 5 Independent Contractor Bill
Seyfarth Synopsis: The hotly contested AB 5 was put on hold, but is widely expected to be revived before the end of the legislative session.
United States
19 Aug 2019
6
Filings Begin Under New York's Child Victim Act: Know The Rules
The Child Victim Act is now law and will have a significant impact on New York's educational and religious institutions and other civic organizations that care for children.
United States
15 Aug 2019
7
Exclusion For Gender Reassignment Surgery May Disadvantage A "Suspect Class"
In Toomey v. U of Arizona, No. 19-35 (D. Ar. June 24, 2019), the Magistrate Judge determined on a motion to dismiss that Title VII does not prohibit discrimination based on a person's transgender status.
United States
14 Aug 2019
8
Fifth Circuit Rules That The EEOC Can't Mess With Texas Over Criminal Background Checks
Seyfarth Synopsis: In the latest battle of the multi-year showdown between the State of Texas and the EEOC – whereby Texas asserted that the EEOC's 2012 "Enforcement Guidance
United States
13 Aug 2019
9
On Or Off-Duty, Meal Periods Must Be 30 Minutes
A California Court of Appeal has held that on-duty meal periods under IWC Wage Order No. 5 must be at least 30 minutes long.
United States
12 Aug 2019
10
Full Steam Ahead on Arbitration Says NJ Appellate Court
Seyfarth Synopsis: Earlier this year, in New Prime, the Supreme Court decisively held that the Federal Arbitration Act's § 1 exemption for transportation workers engaged
United States
9 Aug 2019
11
When An Innocent ERISA Administrator Mistake Can Lead To Money Damages
A recent decision of the federal district court for the Southern District of New York warns ERISA fiduciaries that even innocent mistakes that do not misuse plan assets or unjustly enrich the fiduciaries...
United States
6 Aug 2019
12
It's Easy To See: 20/20 A Clear Win For Employers In The Fifth Circuit
In 20/20 Communications, Inc. v. Crawford, the Fifth Circuit joined eight other circuits in holding that the availability of class arbitration is a "gateway" issue for courts, not arbitrators, to decide—
United States
30 Jul 2019
13
Let's Try On The Patterson Gloss Again: The Ninth Circuit Retracts Vazquez
The Dynamex ABC test, if applied literally and without regard to the special features of a franchise relationship, could jeopardize many, if not all, California franchise relationships.
United States
26 Jul 2019
14
A Small Administrative Health Care Fix Gets Court Approval (So Far)
The hyper-partisan political warfare in the American health care industry is far from over.
United States
26 Jul 2019
15
First UK Supreme Court Decision On Restrictive Covenants For 100 years
It is also an accepted principle that a UK court will not rewrite an employer's covenant.
UK
19 Jul 2019
16
Copy-Cat Class Actions Meet Copy-Cat Legislation: Illinois' BIPA Spurs New Biometric Privacy Legislation Across The Nation
While most employers are likely familiar with the Illinois Biometric Information Privacy Act, they should know that Illinois is not the only state with a biometric privacy law and many other states are not far behind from joining that group.
United States
17 Jul 2019
17
Hot Topics And Trends In California Consumer Class Actions
Latest developments concerning arbitration and class waivers
United States
15 Jul 2019
18
Seyfarth Shaw Policy Matters Newsletter - June 27, 2019
Earlier this week, the Department published a notice of proposed rulemaking (NPRM) on industry-recognized apprenticeship programs (IRAPs).
United States
10 Jul 2019
19
Court Holds That NY's Prohibition Of Arbitration Agreements Is Preempted By Federal Law
In April 2018, as part of a sweeping set of reforms to sexual harassment law, New York State enacted a provision to its civil procedure code stating that employers are prohibited from including
United States
9 Jul 2019
20
Adding Customer Value With Arbitration Agreements
In this scenario, a staffing company owner is concerned about the class action lawsuit brought against her client.
United States
9 Jul 2019
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