News & Analysis as of

Notice Requirements Dismissals

Harris Beach PLLC

NY Court of Appeals Takes Sensible Approach to 90-Day Preforeclosure Notices

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On February 14, 2023, the New York Court of Appeals issued a ruling in Bank of America, NA v. Kessler, holding that the inclusion of concise and relevant additional information does not void an otherwise proper 90-day...more

Venable LLP

Ninth Circuit Upholds Dismissal of Autorenewal Lawsuit, Finds Disclosure, Consent, and Acknowledgment Sufficient

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In January, the Ninth Circuit agreed with a California district court's finding that a software company's autorenewal practices did not violate California's autorenewal law. The decision reflects a win for companies offering...more

Butler Snow LLP

Fifth Circuit Says Failure-to-Hire Discrimination Claim May Be Supportable Even if Plaintiff Applies for Position That is...

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A plaintiff alleging employment discrimination based on a failure-to-hire must, of course, show that she “actually applied” for the position. Thomas v. Tregre, 913 F.3d 458, 463 (5th Cir. 2019). However, this week, the...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Affirms Dismissal of WARN Suit Against Non-Employer Project Owner

The federal Worker Adjustment and Retraining Notification (WARN) Act requires employers to provide employees with 60 days advance notice of a plant closing or mass layoff. On Tuesday in an unreported decision, the Fourth...more

Miller Canfield

Michigan Court of Appeals: Substantial Compliance with the OMA Does Not Protect Against Personal Liability for Intentional...

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The Michigan Court of Appeals has ruled that "substantial compliance" with the Open Meetings Act's public notice requirements is insufficient to shield public officials from civil liability for intentional public notice...more

Holland & Knight LLP

Court Dismisses Putative COBRA Class Action Brought Against Southwest Airlines Board of Trustees

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Carter v. Southwest Airlines Co. Board of Trustee, Case No. 8:20-cv-1381-WFJ-JSS (M.D. Fla.) was one of the latest cases in which a healthcare-plan beneficiary attempted to bring claims based upon alleged technical...more

Holland & Knight LLP

Food and Beverage Law Update: October 2020

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More than six months into the pandemic, there is still no easy or definitive answer to the question many retailers are asking about whether there is coverage for their business interruption losses related to COVID-19....more

Holland & Knight LLP

Plaintiffs Dismiss COBRA Class Action After Court Recommends Denial of Class Certification

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In Bryant v. Wal-Mart Stores, Inc., three former Walmart employees moved to certify a class against the retailer, alleging that they were injured by Walmart's allegedly defective notices under the Employee Retirement Income...more

Bradley Arant Boult Cummings LLP

Notice Your Lien or Kiss it Goodbye

Like many states, Minnesota requires subcontractors and suppliers to send pre-lien notices to owners to perfect mechanic’s lien rights. Failure to comply with the pre-lien notice statute can prove fatal to a lien enforcement...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – April 2020

Welcome to Consumer Law Hinsights?a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. This edition highlights our interactive COVID-19...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - April 2020

This issue includes summaries and associated court opinions of selected cases principally decided between October 2019 and January 2020. ...more

Farrell Fritz, P.C.

Second Department Affirms Dismissal of Article 78 Proceeding for Lack of Standing

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The City of New Rochelle adopted an ordinance in 2017, amending the zoning code to apply a senior citizen overlay district to certain real property comprised of approximately 3.4 acres at 121 Mill Road in New Rochelle.  The...more

Patton Sullivan Brodehl LLP

Appointment of a Nuisance Abatement Receiver: No “Financially Viable” Plan for Rehabilitation Needed

Under California law, receivers can be appointed for many purposes. Sometimes a “general equity” receiver is appointed to take control of a business entity and its assets where the decision-makers are deadlocked in...more

Dorsey & Whitney LLP

Granston Memo in Action: Eighth Circuit Affirms Government Dismissal of FCA Claims Related to Minnesota Bridge Collapse

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Just days after the twelfth anniversary of the Minnesota 35W bridge collapse, the Eighth Circuit summarily affirmed the dismissal of a False Claims Act case alleging that Minnesota government officials conspired to submit...more

Holland & Knight LLP

No Harm, No Foul: Seventh Circuit Again Demands Concrete Harm in FDCPA Cases

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Whether there is a connection to the near end of another exciting National Basketball Association season is unknown, but in a recent ruling issued by the U.S. Court of Appeals for the Seventh Circuit, the court began its...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 26, 2019

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Real Property Update - • Foreclosure / Reverse Mortgage / Condition Precedent: bank failed to establish that the subject property was not the principal residence of surviving co-borrower under its reverse mortgage, a...more

Seyfarth Shaw LLP

When The End Is Near for Departing Employees, Don’t Do It Your Way

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Seyfarth Synopsis: While Mr. Sinatra could get away with doing things his way, California law requires that employers provide employees facing the final curtain with specific paperwork and a check on their final day. ...more

Steptoe & Johnson PLLC

The Best Defense is a Good Offense When it Comes to the Medical Professional Liability Act

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A recent decision by the W. Va. Supreme Court of Appeals confirms the importance of pre-suit notice and the viability of a motion to dismiss in challenging claimants’ actions arising under the Medical Professional Liability...more

Sheppard Mullin Richter & Hampton LLP

PAGA Claim Defeated Based on Insufficient Notice to the LWDA

Last month, the California Court of Appeal determined in Khan v. Dunn-Edwards Corp., 2018 Cal.App. LEXIS 44 (Cal. App. 2d Dist. Jan. 4, 2018)(certified for publication), that a former employee’s claim under the Private...more

Bass, Berry & Sims PLC

Chris Lazarini Examines New York Court's Definition of "Class Action" and "Members of the Class"

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Bass, Berry & Sims attorney Chris Lazarini examined a case in which the New York Court of Appeals provided guidance on Rule 908 of the New York Civil Practice Law and Rules, deciding that Rule 908 requires sending notice of a...more

Jaburg Wilk

Lawyer for Advocates for Individuals with Disabilities Quietly Files More Serial ADA Lawsuits Targeting Valley-Area Hotels and...

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The lawyer for the controversial Advocates for Individuals with Disabilities (AID), the organization that launched over a thousand nearly identical lawsuits against Arizona businesses last year, has quietly been filing a...more

Ruder Ware

Protected Employee Must Notify Employer of Need for Time Off

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A recent decision in the Northern District of California highlighted the importance of employers applying a consistent rule that employees must notify the employer if they are unable to report to work, even if the employee...more

Proskauer - Employee Benefits & Executive...

Second Circuit Affirms Dismissal of Claim Arising from Incorrectly Addressed COBRA Notice

In Vangas v. Montefiore Medical Center, 2016 WL 2909354 (2d Cir. May 19, 2016), the Second Circuit affirmed the district court’s holding that an employer is not liable for failing to provide a COBRA notice to a terminated...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - July 2015 #3

Two Years, Too Long for Coverage Under Claims-Made-and-Reported Policy - Why it matters: Claims-made-and-reported policies require that the claim be both made against the insured and reported to the insurer within the...more

Patterson Belknap Webb & Tyler LLP

Federal Circuit Issues Its First Decision Interpreting BPCIA

The courts must “say what the law is,” even when that law, as Judge Lourie described the BPCIA, is “a riddle wrapped in a mystery inside an enigma.” Today, in Amgen Inc. v. Sandoz Inc., No. 2015-1499 (Fed. Cir. July 23,...more

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