Searching Content indexed under Trials & Appeals & Compensation by Seyfarth Shaw LLP ordered by Published Date Descending.
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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
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
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
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
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
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
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.
19 Jul 2019
Fourth Circuit Says Inability To Get Information From Website, Without More, Is Not Enough To Establish Standing To Sue
Courts in the Fourth Circuit are taking a hard look at a plaintiffs' standing in website accessibility cases.
United States
9 Jul 2019
Supreme Court Issues Decision Significantly Expanding The Scope Of FOIA's Confidentiality Exemption
On June 24, 2019, the Supreme Court issued its decision in Food Marketing Institute v. Argus Leader Media and resolved fractured circuit splits about the parameters for when the government may withhold information from...
United States
8 Jul 2019
Ninth Circuit Upholds Decertification Of Class In Unauthorized Customer Call Recording Suit Where The Class Representative Did Not Have Standing
NEI Contracting and Engineering, Inc. ("NEI") sought to bring a class action based on allegations that Hanson Aggregates, Inc.
United States
1 Jul 2019
New Jersey Legislation Extends Statute Of Limitations To Bring Child Sex Abuse Claims
Seyfarth Synopsis: The State of New Jersey passed legislation which significantly extends the statute of limitations for sexual abuse claims and creates a two-year filing window for sexual abuse
United States
21 Jun 2019
The Consumer Financial Protection Bureau Dodges Another Bullet: Consumer Financial Protection Bureau v. Seila Law LLC
Although Congress created the Consumer Financial Protection Bureau ("CFPB") nearly a decade ago, constitutional challenges to its leadership structure remain ongoing.
United States
14 Jun 2019
Chancery Court Finds Merger Agreement's "No Use" Provision Preserves Seller's Privilege
In Shareholder Representative Services LLC v. RSI Holdco, LLC, C.A. No. 2018-0517-KSJM (Del. Ch. May 29, 2019), the Delaware Court of Chancery held that a merger agreement provision assigning pre-merger privilege ...
United States
14 Jun 2019
Fourth Circuit Affirms $61 Million Treble Damages Award In TCPA Class Action Against Marketing Agency's Customer
As a result, companies should be wary of using third parties to conduct telemarketing without appropriate oversight.
United States
10 Jun 2019
Supreme Court: Third-Party Defendants Cannot Remove To Federal Court
It has long been established that a state-court plaintiff who is the subject of a counterclaim cannot remove the case to federal court.
United States
6 Jun 2019
Ninth Circuit Expands Reach Of Dynamex, Holding ABC Test Retroactive
Jan-Pro Franchising, International, Inc. operates a three-tier franchising structure that offers cleaning and janitorial services.
United States
17 May 2019
A Bright Day For Employers: The Supreme Court Decides In Lamps Plus That Courts Cannot Order Class Arbitration Without An Express Agreement
Seyfarth Synopsis: Today the Supreme Court issued a 5-4 decision in the Lamps Plus, Inc. v. Varela class action arbitration case.
United States
10 May 2019
Following Supervisor's "Not Working Out" Comment, EEOC Defeats Employer's Motion For Summary Judgment In ADA Lawsuit
Seyfarth Synopsis: A federal district court in Arkansas recently denied an employer's motion for summary judgment on two EEOC-initiated ADA claims – in EEOC v. Crain Automotive Holdings LLC,
United States
7 May 2019
Fictitious Business Name Suffices For Compliant Wage Statement
Seyfarth Synopsis: The Court of Appeal, in Savea v. YRC Inc., held that an employer complies with Labor Code section 226(a)(8) when the employing entity lists its fictitious business name
United States
1 May 2019
Statutory Text Or Discovery Rule? SCOTUS To Weigh In On Rotkiske v. Klemm
Recently, the Supreme Court of the United States granted certiorari in the matter of Rotkiske v. Klemm. At issue is whether the discovery rule tolls the statute of limitations
United States
30 Apr 2019
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