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Question of Fact

“Individualized Proof of Harm” Required in Robinson-Patman Secondary-Line Claim Prevents Class Certification

by Foley & Lardner LLP on

On April 7, 2017, the Northern District of California denied class certification to two proposed classes of wholesalers in ABC Distributing, Inc. v. Living Essentials LLC, Case No. 15-cv-02064 NC (N.D. Cal.), a secondary-line...more

Merck Fails to Obtain Summary Judgment on Preemption Defense – Third Circuit Rules “Impossibility Preemption” Presents a Question...

In re: Fosamax (Alendronate Sodium) Products Liability Litigation, Nos. 14-1900 et al. (3d Cir. March 22, 2017). In a precedential decision issued on March 22, 2017, the United States Court of Appeals for the Third...more

First Circuit Holds that Jury Can Decide Whether Store Managers Were Exempt from the Overtime Requirements of the FLSA

by Foley Hoag LLP on

Last week, the U.S. Court of Appeals for the First Circuit reversed summary judgment to the employer, an operator of Dunkin’ Donuts stores, on claims by two former managers that they were improperly denied overtime under the...more

Should Voluntary Overtime Be Included When Calculating Holiday Pay?

by Reed Smith on

Another decision has been handed down to clarify – or complicate – the position on which aspects of pay should be included when calculating an employee’s entitlement to holiday pay. The Court of Appeal in Northern...more

Trouble in the Magic Kingdom: Disney Finds Itself the Villain in This Fairytale

by Davis Brown Law Firm on

Disney is known for its fairytales and happy endings. Usually its adorable characters and feel-good plots earn it wide acclaim. But recently, a California judge agreed with the plaintiff, in Roger L. Culberson II v. The Walt...more

Tenth Circuit Criticizes District Court for Permitting “Death by Discovery” in Dispute over Arbitrability

by BakerHostetler on

The purpose of arbitration is to resolve disputes more quickly and inexpensively than litigation. It’s getting less difficult to enforce such agreements, but apparently some courts and parties have yet to get the message as a...more

Sixth Circuit Revives ADA Claim of Deaf Lifeguard

by Baker Donelson on

In Keith v. County of Oakland, the U.S. Court of Appeals for the Sixth Circuit reversed summary judgment to a county pool that denied employment to a deaf lifeguard. Setting aside the issue that seems to have captivated the...more

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Cybersecurity

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