As we noted in our EEOC Fiscal Year 2014 Scorecard, the EEOC has been steadily increasing its use of its subpoena power to gather as much information as possible from employers prior to filing suit. In fact, in FY 2014, the EEOC prosecuted 24 subpoena actions versus the 17 that were filed in 2013.
Monday’s oral argument before the Supreme Court in Laborers District Counsel Construction Industry Pension Fund v. Omnicare, Inc., (“Omnicare”) was remarkable in that, as Omnicare attorney Kannon Shanmugam noted, it was the “rare case in which none of the parties is defending the reasoning of the court of appeals below.”
The British Columbia Supreme Court recently denied certification of a proposed class action regarding the labelling and marketing of vitaminwater® products.
The case law that has evolved under the erstwhile Indian Companies Act of 1956 and ancillary legislation which concerns the activities of a company has iterated that the Directors and Officers of a company can be held vicariously liable for the acts of the company, which liability may arise as a consequence of the involvement of the Directors and Officers in the act complained of, the breach of fiduciary duties, negligence or ultra vires acts.
SUNY-Buffalo professor Christine Bartholomew has an article out with the intriguing title “Redefining Predator and Prey in Class Actions.” Unfortunately, it does not use zoology or mathematical predator-prey equations to explain class litigation—the kind of loopy academic mashups that can be both fun to read and insightful. Instead, she uses a new “vulnerability theory” to critique the “current impotency” of Rule 23.
Kip Viscusi has just published a very good paper about the GM ignition switch recall controversy. In it he argues that blockbuster jury awards in cases where corporations had made design and recall decisions based on cold economic calculations influenced GM’s decision not to do the same sort of risk analysis on its defective ignition switch problem.
Howmedica Osteonics Corp., a subsidiary of Stryker Corporation, has agreed to settle the litigation over its Rejuvenate Modular-Neck hip stem and ABG II Modular-Neck hip stem devices.
It is Election Day, so we thought a post about robocalls and the Telephone Consumer Protection Act would be appropriate.
A recent Ontario decision by Justice Perell has analyzed when class members will have waived privilege over solicitor-client communications. The decision emphasizes the breadth of consequences of certification for class members beyond the determination of common issues.
You’re a brewer ready to launch a new label. You received approval from the Alcohol and Tobacco Tax and Trade Bureau for your label. You’re ready to go; you launch.