News & Analysis as of

Affirmative Defenses

Default Judgment Entered on a Promissory Note Even Though Claim Likely Violated Criminal Usury Laws

by Farrell Fritz, P.C. on

So a plaintiff obtains a default judgment against a defendant on a promissory note case. Defendant fails to appear or defend. ...more

New York State Moves One Step Closer to New Pay Equity Laws

by Fisher Phillips on

On the heels of Governor Andrew Cuomo’s call for New York to take additional steps to close the gender wage gap, the New York State Assembly passed a suite of pay equity legislation that would impact both private and public...more

En Banc 9th Circuit Rules Unequal Pay Cannot be Justified by Salary History

by Weiner Brodsky Kider PC on

The Ninth Circuit, sitting en banc, recently held that an employee’s prior salary does not constitute a “factor other than sex” upon which a wage differential may be based under the statutory “catchall” exception set forth in...more

Court Affirmed Summary Judgment For A Trustee Due To An Exculpatory Clause

by Winstead PC on

In Kohlhausen v. Baxendale, the court affirmed a summary judgment for a trustee on the basis of an exculpatory clause in a trust document. No. 01-15-00901-CV, 2018 Tex. App. LEXIS 1828 (Tex. App.—Houston [1st Dist.] March 13,...more

NY High Court Overturns 25 Years of Precedent in Ruling on Contributory Negligence

by Harris Beach PLLC on

The flood gates in New York courts have been opened wide for personal injury plaintiffs by the removal of an obstacle to their success on motions for summary judgment in negligence actions following the recent decision of the...more

Making Effective Use of the Claims/Disputes Process

by Williams Mullen on

In this episode of GovCon Perspectives, Will Wozniak talks with Tony Anikeeff about how the claims/disputes process can be effective for addressing contract issues beyond just getting paid. But you must follow the rules....more

Ninth Circuit Holds Prior Salary Cannot Justify Wage Differences

Enacted in 1963, the Equal Pay Act prohibits differential payments between male and female employees doing equal work except when made pursuant to a seniority system, a merit system, a system which measures earnings by...more

Does Massachusetts’s Pay Equity Law Change the Game?

by Verrill Dana LLP on

On July 1, 2018, Massachusetts Pay Equity law takes effect requiring all employers to pay men and women equally for comparable work—a phrase that is different from many similar statutes that have gone into effect over the...more

Second Circuit Prohibits “Double Recovery” of Liquidated Damages Under FLSA and New York Labor Law

In a case of first impression, the Second Circuit held on April 6, 2018 that liquidated damages may not be awarded for the same course of conduct under both the Fair Labor Standards Act and the New York Labor Law....more

Court Holds That Laches Did Not Bar A Will Contest

by Winstead PC on

In In re Estate of Perez-Muzza, two days before the statute of limitations period ended, a contestant filed a will contest seeking to have a court set aside an order admitting a will to probate. No. 04-16-00755-CV, 2018 Tex....more

Massachusetts Attorney General Releases Guidance for Employers on New Pay Equity Law

by Epstein Becker & Green on

The Office of the Massachusetts Attorney General (“AG”) recently issued an Overview and Frequently Asked Questions document (“Guidance”) for the Massachusetts Pay Equity Law (“Law”), which will go into effect on July 1, 2018....more

Was This A Case Of A Partnership That Never Was Or A Superseded Partnership?

by Allen Matkins on

Three men got together to buy and operate a restaurant. They formed a corporation, issued shares and made a "Subchapter S" election. Later, disagreements arose and one of the three sued the other two. Each side struggled...more

Alabama Limits Foreclosure Redemption Period for Homestead Property

by Weiner Brodsky Kider PC on

Alabama recently amended its real estate redemption law to limit the time period within which a borrower can redeem homestead property following foreclosure. The amendments took effect on February 22, 2018....more

Massachusetts Attorney General Issues Guidance on New Equal Pay Law

On March 1, 2018, the Massachusetts Attorney General (AG) issued detailed guidance on the amendments to the Massachusetts Equal Pay Act (MEPA), which are set to go into effect on July 1, 2018. The amendments, which were...more

Massachusetts Attorney General Issues Guidance on Updated Pay Equity Law

The Massachusetts Office of the Attorney General recently issued guidance on the new amendments to the Massachusetts Equal Pay Act (“MEPA”), effective July 1, 2018. Although the guidance is extremely detailed and should be...more

Fourth Circuit Revives Equal Pay Act Claim, Imposes Tougher Summary Judgment Standard

In U.S. Equal Employment Opportunity Commission v. Maryland Insurance Administration, No. 16-2408 (January 5, 2018), the Fourth Circuit Court of Appeals addressed the application of the summary judgment standard to a claim...more

Mattress Wars: Casper’s Inequitable Conduct Counterclaim Against Serta Remains

On January 25, 2018, United States District Judge Alvin K. Hellerstein (S.D.N.Y.) denied plaintiff Serta Simmons Bedding, LLC’s (“Serta”) motion to dismiss defendant Casper Sleep Inc.’s (“Casper”) counterclaim and affirmative...more

Impact of Surveys and Affirmative Defenses on Class Certification Motion Addressed By California Court of Appeal

In a long-running employment class action in California, a California Court of Appeal recently addressed once again the use of surveys of class members....more

Defendants Beware: The Good, Bad and Unknown in the Mississippi Supreme Court’s New Standard for Determining Waiver of Affirmative...

On December 7, 2017, the Mississippi Supreme Court affirmed a circuit court ruling that a plaintiff’s survival claims were barred by the statute-of-limitations. In Pollan v. Wartak, the Court rejected the plaintiff’s claim...more

Court Denied Preliminary Injunction To Breach-Of-Fiduciary-Duty Plaintiff Due To Delay In Seeking Relief

by Winstead PC on

In Embarcadero Techs., Inc. v. Redgate Software, Inc., a former employer sued four former employees and their new employer for a number of claims, including breach of fiduciary duty and aiding and abetting breach of fiduciary...more

Defamation Claims Against Gemological Institute Doomed: Qualified Privilege Shield Is Stronger Than A Diamond

by Farrell Fritz, P.C. on

“Diamonds are nothing more than chunks of coal that stuck to their jobs,” said Malcom Forbes. An industry that generates over $13 billion annually, diamonds are considered one of the world’s major natural resources. ...more

Counterclaims And Affirmative Defenses: A Tale Of Two Pleadings

by Orrick - IP Landscape on

Order re Defendant’s Second Motion to Dismiss & Strike Affirmative Defense, Summers Manufacturing Co., Inc., v. Tri County AG, LLC, et al.: 4:17-cv-00186-RGE-CFB (November 29, 2017) (S.D. Iowa, Judge Rebecca Ebinger) - In...more

The Importance of Adopting Effective Policies and Procedures for Handling Harassment in the Workplace

by Poyner Spruill LLP on

The news has been filled lately with reports of harassment allegations against all sorts of famous people. From politicians to movie stars, many public figures are finding themselves embroiled in legal battles based on their...more

Biometric Privacy Targeted In Increased Class Action Litigation in Illinois

by Bryan Cave Leighton Paisner on

Even as technology advances and consumers become more accustomed to providing their fingerprints in routine, everyday transactions (such as unlocking their cellular phones), private entities, and employers in particular, are...more

Michele Molinario and Justin Ackerman Obtain Summary Judgment On Roadway Design Case

On April 22, 2013, a traffic accident occurred at a rural Intersection in Yuma County, Arizona. The Intersection was equipped with STOP signs and flashing warning signs that controlled eastbound and westbound traffic along...more

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