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Supreme Court Ups the Bar for Class Action Lawsuits

Supreme Court Ups the Bar for Class Action Lawsuits by Christine M. Vanek on May 7, 2013 The U.S. Supreme Court’s decision in Comcast Corp. v. Behrend will likely help businesses defend employment, anti-trust, consumer...more

Be Prepared: New Commercial Lease Disclosure Requirements Under California Disability Access Laws Take Effect July 1, 2013

In the fall of 2012, California Governor Jerry Brown signed Senate Bill 1186 (SB 1186). Among other things, SB 1186 reforms California’s disability access laws by: (1) banning pre-lawsuit letters from lawyers demanding money;...more

Texas Bank Settles Hispanic Discrimination Suit

The Department of Justice on Feb. 19 announced that Texas Champion Bank has agreed to pay $700,000 to settle allegations that it discriminated against Hispanics who applied for loans with the bank....more

American Samoa Government and EEOC Settle Age Discrimination Suit

U.S. Territory Will Provide Anti-Discrimination Training & Relief, Settling the Federal Agency's First Lawsuit in American Samoa - PAGO PAGO, American Samoa - The U.S. Equal Employment Opportunity Commission (EEOC) today...more

California Property and Business Owners Gain Protection from Predatory ADA Lawsuits

California business owners gained new protection against expensive, predatory lawsuits involving disability access laws last week as Gov. Jerry Brown signed into law Senate Bill 1186. It became effective September 19, 2012....more

DOJ Settles 'Pattern or Practice' Fair Lending Case

The Department of Justice's "pattern or practice" fair lending lawsuit against GFI Mortgage Bankers, Inc., has resulted in a settlement that requires GFI to pay a total of $3.555 million, consisting of $3.5 million in...more

Superior Court of New Jersey Slashes Attorneys' Fees in Class Action Settlement

In Storch v. Five Guys Enterprises, LLC and FG Madison, LLC, the New Jersey Superior Court found that counsel fees of $50,000 plus approximately $500 in costs were fair and reasonable under the applicable standards as applied...more

HUD Proposal Would Impose “Disparate Impact” Regulation on Property Insurance

Originally published in Washington Legal Foundation, Legal Backgrounder, Vol. 27 No. 11 on June 8, 2012. The U.S Department of Housing and Urban Development (HUD) has proposed a Fair Housing Act rule that would increase...more

Comment On Case: Ceglia v. Zuckerberg and Facebook, Inc. (Diversity of Citizenship)

In the case of Ceglia v. Zuckerberg and Facebook Inc., the plaintiff, Paul D. Ceglia avers that he is a resident of the State of New York and that Mark Elliot Zuckerberg, CEO of Facebook, Incorporated, is a resident of...more

Lottery Pool Members Win Big: Jury Divides Winnings in Absence of Written Agreement

Several members of a New Jersey “lottery pool” won big when a jury recently awarded them $20 million. The co-workers played the lottery as a pool and filed a lawsuit after they belatedly discovered the winning member hid that...more

Fourth Circuit Finds Allegations of Discriminatory Severance Package Sufficient to State a Claim Under Title VII

On March 16th, the Fourth Circuit Court of Appeals reversed the dismissal of a woman’s claim that she was discriminated against because she was offered a less favorable severance package than that previously offered to men in...more

Fundamentos Anteproyecto Código Civil 2012

Anteproyecto Código Civil 2012 Argentina

Fundamentos del anteproyecto....more

Weekly Law Resume - March 22, 2012: ADA Plaintiff Subject to Breach of Contract Claim For Suing a Business Owner a Second Time

Thomas Mundy v. Laura D. Lenc Court of Appeal, Second Appellate District (February 29, 2012) Plaintiff Thomas Mundy is confined to a wheelchair. In June 2009, he went to a bar owned by Laura Lenc and could not use the...more

On Notice - March 2012

In This Issue: - Springboard injunctions Two recent cases have considered the use of so-called "springboard injunctions" to prevent parties from obtaining an unfair (or springboard) advantage in the market through...more

K&L Gates Files Federal Pro Bono Action to Challenge Foreclosure Rescue Scheme

On March 6, 2012, K&L Gates LLP filed a federal lawsuit challenging an allegedly discriminatory and otherwise unlawful foreclosure rescue scam targeted to Hispanic homeowners in Northern Virginia. The National and Washington...more

New California Employment Laws in 2012

Now that the new year is upon us, it is important for employers to be aware of the numerous new California laws in the employment area that will impact their operations. Unless otherwise noted, the laws listed below are...more

Pennsylvania Court Finds Employee Handbook Creates Contract, Upholds $187.6 Million Award

The year 2011 saw a number of employee-friendly changes to the laws governing the workplace. The U.S. Supreme Court expanded the scope of retaliation claims under Title VII and under the Fair Labor Standards Act. The Equal...more

Same-Sex Parents Gain Custody of their Twin Daughters

In a landmark victory for same-sex parents, a judge in New Jersey granted custody of twin girls to their biological father following a trial that spanned more than a year. The fathers, a gay, interracial couple who were...more

Fenwick Employment Brief - December 14, 2011

In this issue: Employee's Alcoholism Does not Rise to the Level of an ADA Disability, Leading to Dismissal of Claims; Court Refuses to Enforce Arbitration Agreement for Lack of Consent; $2.1 Million Judgement in Washington...more

Court Rules Plaintiffs’ Attorneys Entitled to More Than Just Contingency Fee After Jury Awards Nominal Damages

Suppose you just defended against a discrimination and harassment lawsuit by two former female employees. The jury found that discrimination and harassment had occurred. But the jury awarded one employee only $1600 in...more

Developments in Supreme Court Jurisprudence: The Court’s AT&T Decision and the Second Circuit’s Treatment of Stolt-Nielsen

After deciding four arbitration cases during the previous term, the United States Supreme Court decided only one case regarding arbitration during its 2010 term (commencing in October 2010 and extending until June 2011)—but...more

Weekly Law Resume - September 1, 2011: Americans with Disabilities Act—Pleading Barriers—Plaintiffs Must Plead Alleged...

A.J. Oliver v. Ralphs Grocery Company, et al. Ninth Circuit Court of Appeals (August 17, 2011) Under Title III of the Americans with Disabilities Act, 28 U.S.C. §§ 12181 et seq. ("ADA"), an individual with disabilities...more

Bell v. Office Depot: An Alarming California Trend Seeking Aggregate Statutory Damages in Disability Access Litigation?

California’s Unruh Civil Rights Act outlaws discrimination based on, among other things, disability. Unlike the analogous federal Americans with Disabilities Act, which affords only injunctive relief, the Unruh Act also...more

What Fees Can Public Entities Recover From Successful Litigation

In federal civil rights litigation, a successful plaintiff suing a public entity may ordinarily recover his or her attorneys fees. But when the public entity defendant prevails, it may also recover its attorneys fees from the...more

IP Update, Vol. 14, No. 2, February 2011

IN THIS ISSUE: Patents: Predictable Variations of Simple Mechanical Technology May Be Obvious, Even in the Face of Structural and Operational Differences; Judges Squabble Over the Interpretation of Claims in Light of the...more