News & Analysis as of

Court Approval

ArentFox Schiff

Estate Administration – The Not-So-Hidden Exception to Self-Dealing Prohibitions

ArentFox Schiff on

Private foundations are a favored vehicle for many charitably inclined clients — particularly those who seek to take a hands-on approach to their charitable mission while establishing a lasting legacy for their families....more

Tucker Arensberg, P.C.

Toxic for Britney; Promising for Boroughs: How Conservatorships Fight Blight

​​​​​​​Pennsylvania’s 2008 Abandoned and Blighted Property Conservatorship Act, 68 P.S. §§ 1101 et seq. (the “Conservatorship Act”) is an anti-blight tool for restoring neglected properties to productive use and consequently...more

Fisher Phillips

2nd Circuit Decision Paves the Way for Streamlined FLSA Offers of Judgment

Fisher Phillips on

In a much-anticipated decision, a federal appeals court just ruled that Fair Labor Standards Act (FLSA) claims resolved through Rule 68(a) offers of judgment do not require fairness review and judicial approval. The 2nd...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Holds That FLSA Settlements Pursuant To An Offer of Judgment Do Not Need Court Approval

On December 6, 2019, the Second Circuit issued a decision that will have a strong impact on the settlement of wage and hour actions under the Fair Labor Standards Act (FLSA). In Yu v. Hasaki Restaurant, Inc., the U.S. Court...more

Seyfarth Shaw LLP

Second Circuit: No Court Review Needed for FLSA Settlements by Offer of Judgment

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Second Circuit held that FLSA settlements pursuant to Rule 68 Offers of Judgment do not require judicial approval.  The Court distinguished such settlements from Rule 41 stipulated dismissals, which...more

Dechert LLP

Not a Time for Second Thoughts: EDNY Holds Settlement Approval Stage Is No Escape Route

Dechert LLP on

U.S. Bankruptcy Rule 9019 provides that on a motion brought by a trustee (and thus a chapter 11 debtor-in-possession as well) the court may approve a settlement. The prevailing view is that due to the court’s approval...more

Ervin Cohen & Jessup LLP

Do Settlement Agreements Need to Be Approved by the Court?

QUESTION: As receiver, I sued a third party to collect funds owed to the entity in receivership. I have settled the lawsuit. ...more

Fox Rothschild LLP

New CA Budget Will Make PAGA Claims Harder to Settle

Fox Rothschild LLP on

We’ve made no secret of the fact that we’re not big fans of the Private Attorneys General Act (PAGA). - PAGA drastically expands the ways that employers can be sued, because employees can sue for violation of statutes...more

Allen Matkins

New PAGA Amendments Intended To Help California Employers

Allen Matkins on

With the stated purpose of reducing “unnecessary litigation” and lowering the cost for employers doing business in California, Governor Jerry Brown, on June 27, 2016, signed into law amendments to California's Private...more

Seyfarth Shaw LLP

PAGA Amendments Address Legislature’s Concerns, Not Employers’ Concerns

Seyfarth Shaw LLP on

Seyfarth Synopsis: PAGA was amended earlier this week, in connection with the California legislature’s approval of the state’s annual budget. The legislation did not implement any of the more substantive changes that Governor...more

Cole Schotz

Second Circuit Holds That Parties May Not Voluntarily Settle Claims Under the Fair Labor Standards Act With Prejudice Without...

Cole Schotz on

In Cheeks v. Freeport Pancake House, Inc. et als., the United States Court of Appeals for the Second Circuit held that parties may not privately settle claims arising under the Fair Labor Standards Act (“FLSA”) with prejudice...more

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