A colleague asked me yesterday what I thought about a story she’d seen in the media regarding a virus often found in algae. Supposedly it can impair human cognition.
On November 3, 2014, Honorable Susan K. Cook of the Superior Court of the State of Washington in and for the County of Skagit entered an order granting Plaintiff Familias Unidas Por La Justicia’s (“Familias”) Motion for a Preliminary Injunction against Sakuma Bros. Farms & Market (“Sakuma”).
The question of whether or not a subsequent claim is interrelated with a prior claim — and therefore deemed first made at the time the earlier claim was filed – is a recurring D&O insurance coverage issue.
On October 31, 2014, in Oliver v. Orleans Parish Sch. Bd., No. 2014-C-0329 (La. Oct. 31, 2014), the Supreme Court of Louisiana reversed a Fourth Circuit Court of Appeal decision and dismissed a class action lawsuit brought by Plaintiffs, 7,600 former teachers and permanent school district employees who were terminated following Hurricane Katrina in 2005, against their school board and a host of State Defendants.
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.