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Searching Content indexed under Court Procedure by Littler Mendelson ordered by Published Date Descending.
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Sixth Circuit Provides Expansive Due Process Rights In Title IX Cases
The court affirmed the dismissal of the remaining Title IX claims.
United States
14 Sep 2018
2
Court Denies Spoliation Motion Holding Plaintiff Fully Complied With Its Preservation Obligation
In Spanish Peaks Lodge, LLC v. Keybank National Assoc. [pdf], No. 10-453, Senior U.S. District Judge Donetta W. Ambrose denied Keybank's motion for spoliation sanctions holding that defendant Voyager Holdings failed to present any evidence that Voyager instituted a document retention policy for the sole purpose of destroying documents relevant to the litigation.
United States
8 Mar 2013
3
Court Finds Defendant's Lack Of Preservation Grossly Negligent
In Star Direct Telecom, Inc. v. Global Crossing Bandwidth, Inc., No. 05-CV-6734T, U.S. Magistrate Judge Marian W. Payson, granted, in part, plaintiff U.S. Telesis Inc.’s Motion for Spoliation Sanctions holding that the defendant failed to preserve the email and computers of key custodians after the commencement of litigation.
United States
8 Mar 2013
4
Court Orders Adverse Inference Instruction For Bad Faith Spoliation Of ESI
In Aviva USA Corp. v. Vazirani [pdf], No. 11-0369, U.S. District Court Judge James A. Teilborg, denied the plaintiffs' request that they be granted judgment on liability and granted the plaintiffs' request for an adverse inference instruction against the defendants for their bad faith spoliation of evidence related to the lawsuit.
United States
8 Mar 2013
5
Court Orders Parties To Confer On Search Terms And Utilize Parties' Clawback Order
In Adair v. EQT Production Co., U.S. District Court Judge James P. Jones overruled, in part, the defendant’s objections to the magistrate’s order that the defendant run search terms on the email accounts for eight employees and produce all key-word positive emails except those that were sent to or received by the defendant’s counsel.
United States
8 Mar 2013
6
Court Denies Request For Sanctions Against Consultant Absent Showing Of Prejudice
In a recent case, U.S. Magistrate Judge Frank Maas denied the defendant's motion for sanctions, holding that although the plaintiffs' third-party consultant had a duty to preserve evidence, the defendant failed to demonstrate any resulting prejudice.
United States
8 Mar 2013
7
Court Orders Cost-Shifting For Production Of Inaccessible Accounting Data
In Annex Books v. City of Indianapolis [pdf], No. 1:03-cv-918, U.S. Magistrate Judge Tim A. Baker granted the defendants’ motion to compel the plaintiffs’ bookkeeping data, but held that the defendants would be required to pay all future costs and expenses associated with additional attempts to compile or import the data.
United States
8 Mar 2013
8
Court Denies Motion For Sanctions Absent Evidence Information Existed And Was Destroyed
In Kincaid v. Wells Fargo Securities LLC, et. al., U.S. Magistrate Judge Paul J. Cleary denied Plaintiff's Motion for an Adverse Inference Instruction, holding that the plaintiff failed to prove that any relevant evidence was destroyed or withheld.
United States
8 Mar 2013
9
Illinois Supreme Court Expands Scope Of Covenants Not To Compete
On December 1, 2011, the Supreme Court of Illinois issued its opinion in "Reliable Fire Equipment Company v. Arrendondo", Case No. 2011 IL 111871, addressing and clarifying several issues relating to the enforceability of noncompetition agreements in Illinois and setting forth a standard that may result in employers facing a lighter burden to enforce such agreements against former employees.
United States
8 Dec 2011
10
Employer´s Electronic Communications Policy Did Not Allow Company To Review Employee´s E-mail Exchange With Her Attorney
In a case of potentially great significance to all employers with electronic communications policies, the New Jersey Appellate Division recently held in Stengart v. Loving Care Agency, Inc. (No. A-3506-08T1, June 26, 2009), that an employer was not entitled to read e-mails exchanged between an employee and her attorneys through her Yahoo! account, even though the emails were stored on the employee's company-issued laptop.
United States
8 Jul 2009
11
California Appellate Court Protects Employers Who Allow Tips For Dishwashers
On March 27, 2009, in Brad Etheridge v. Reins International California, Inc., No. B205005, the Second Appellate District of the California Court of Appeal approved a mandatory tip-pooling policy that allows participation of kitchen staff.
United States
9 Apr 2009
12
Court Of Appeals Clears Way For Retiree Benefits To Coordinate With Medicare
On June 4, 2007, the Third Circuit Court of Appeals issued a long-awaited decision that lifts a cloud that has been threatening a common design feature of many retiree medical plans. Specifically, this decision defeated the AARP's attempt to prevent the EEOC from finalizing a Medicare coordination regulation that will permit an employer's retiree medical plan to coordinate with Medicare or terminate upon Medicare eligibility.
United States
14 Jun 2007
13
Agreements To Submit Disputes To A Judicial Referee May Allow Employers To Avoid The Pitfalls Of Jury Trials And Arbitration
The United States Supreme Court endorsed the use of binding arbitration to resolve employment disputes in 1991. Since that time, many employers have implemented policies of binding arbitration as a way to avoid the vagaries of a jury trial.
United States
4 Sep 2006
14
Public Employers Gain Measure of Protection for Employment Decisions Based on Statements Made as Part of Job Duties
The United States Supreme Court's decision in Garcetti, et al. v. Ceballos (Case No. 04-473, May 30, 2006) offers some protection to public employers regarding employment decisions based on statements made as part of an employee's official duties.
United States
4 Jul 2006
15
Supreme Court Broadens Employee Protection Against Unlawful Retaliation
On June 22, 2006, the United States Supreme Court in Burlington Northern & Santa Fe Railway Co. v. White, No. 05-259 (June 22, 2006), defined what constitutes an "adverse action" sufficient for an employee to successfully assert a Title VII retaliation claim. The Supreme Court had not previously addressed this issue.
United States
1 Jul 2006
16
California Court of Appeal Rules That a Class Action Waiver in an Arbitration Agreement is Valid in an Employment Case
On January 19, 2006, California's Second District Court of Appeal published its opinion in Gentry v. Superior Court (Case No. B169805). Gentry potentially is of major significance to all employers in California, as it upheld a clause contained in a pre-dispute arbitration agreement that precluded class arbitrations.
United States
3 Feb 2006
17
Conflicting Appellate Court Decisions Concerning the Statute of Limitations for Meal and Rest Break Claims Presage California Supreme Court Review
On Friday, January 20, 2006, California's Fourth District Court of Appeal weighed in on the ongoing and high-profile controversy regarding whether the one-hour-of-pay remedy in California Labor Code section 226.7 for meal and rest period violations is a penalty or wages.
United States
30 Jan 2006
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