Searching Content indexed under Litigation, Mediation & Arbitration by Nicole Eichberger ordered by Published Date Descending.
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Northern District Of New York Denies Class Certification And Decertifies Collective, Confirming Common Answers Not Common Questions Are Required
On April 26, 2019, the Northern District of New York held that a group of Plaintiffs failed to satisfy their burden to establish commonality and predominance under Fed. R. Civ. P. 23
United States
20 May 2019
Fifth Circuit Instructs That, When Raised, Arbitrability Is A Gateway Issue That Must Be Considered Prior To Conditional Certification In FLSA Collective Actions
The Fifth Circuit in Reyna v. International Bank of Commerce instructed district courts that when the issue of arbitrability is raised in a prompt motion to compel, it should be decided at the outset of the litigation.
United States
17 Oct 2016
Fifth Circuit Tips Its Hand As To Analysis of FLSA's Tip Credit
In Montano, the issue presented to the Fifth Circuit was whether a restaurant's "coffeeman" was properly included in a tip pool with waiters, bartenders and busboys.
United States
11 Sep 2015
Supreme Court Rules That Agency Interpretive Rules Are Not Subject To Notice-And-Comment Rulemaking
Recently, the Supreme Court issued a unanimous judgment that government agency "interpretive rules" are not subject to notice-and-comment rulemaking, but cautioned that those same rules do not carry the "force and effect of law."
United States
19 Mar 2015
Fifth Third Bancorp V. Dudenhoeffer – An Analysis Of The U.S. Supreme Court's Decision
For over two decades, federal courts have embraced the so-called Moench presumption of prudence in ERISA stock-drop cases.
United States
30 Jun 2014
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