In Tennessee, trial judges are allowed to convert Rule 12 Motions to Dismiss into Motions for Summary Judgment, but this action “should be taken only in rare cases and with meticulous care.”
Three former college athletes are the latest to file a class action lawsuit against the National Collegiate Athletic Association (NCAA), asserting the NCAA and its 11 conferences collectively share “monopsony” over college athletes.
U.S. Supreme Court Rules That Security Screening Time is Non-Compensable Under Federal Law and the Portal-to-Portal Act
In a decision issued on Tuesday, December 9, 2014, the United States Supreme Court ruled that employees are not entitled to compensation under the federal Fair Labor Standards Act (“FLSA”) for the time they spend waiting to undergo, and actually do undergo, security screenings.
A continuing theme this year relates to the approach by the courts to awarding legal costs to a successful party.Courts have sent mixed signals on the extent to which a party can recover costs at various stages of a class proceeding.
On December 8, 2014, U.S. District Court Judge Lucy Koh of the U.S. District Court for the Northern District of California granted defendant Dole’s motion for summary judgment of the plaintiff’s false labeling claims in Brazil v. Dole Packaged Foods, LLC.
Wasted Away in Margaritaville: With Unascertainable Class, District Court Denies Class Certification in Skinnygirl Margarita Case
Alleging violations of Illinois statutory and common law, Amy Langendorf brought suit on behalf of “Any and all persons who purchased ‘Skinnygirl’ Margarita spirits in Illinois from March 1, 2009 until the date notice is disseminated” against Skinnygirl Cocktails, LLC, Bethenny Frankel, SGC Global, LLC, and Beam Global Spirits & Wine, Inc.
I’ve written a little so far about the fact that Rule 23 is likely to undergo revision in the next few years. Last week Judge Robert Michael Dow, who is a member of the Advisory Committee on the Rules of Civil Procedure’s Rule 23 subcommittee, spoke at the annual meeting of Lawyers for Civil Justice.
The Supreme Court passed down the rare unanimous decision on Tuesday when they decided that time spent in security lines on your way out of work was not compensable. In no uncertain terms, SCOTUS has set a standard for cases involving security screens. So where does that leave us?
In order to prevent employee theft, some employers require their employees to undergo security screenings before leaving the employers’ facilities.