Securities litigation defense implications from the Supreme Court's Amgen opinion *

USA - April 11 2013
On February 27, 2013, the Supreme Court ruled in Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds, No. 11-1085, that plaintiffs in a…

Co-authors: Meir Feder, William S. Freeman , Robert W. Gaffey, Walter W. Davis , Thomas R. Jackson .

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The aftermath of Awuah: are courts encroaching on a franchisor's traditional protections from a franchisee's employment decisions? *

USA - May 23 2012
There is growing concern over whether courts will deem franchisees "employees" or "joint employers," as opposed to contractors or wholly separate enterprises, as further decisions are handed down in the wake of the highly publicized Awuah case and courts grapple with today's complex franchisor-franchisee relationships.

Co-authors: Andrew J. Sherman, Michael J. Gray, E. Michael Rossman , J. Todd Kennard.

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Appellate court rules that "evolving and continuous" breaches of "franchise agreement" allow termination even though manufacturer had prior knowledge of problems *

USA - January 30 2012
The Supreme Court of Alabama recently ruled that a manufacturer was not precluded from terminating a "franchise" agreement under a state dealer statute even though the manufacturer had knowledge of the problems at issue more than 180 days before the proposed termination (the length of time specified in the statute).

Co-authors: J. Todd Kennard.

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Federal court enjoins sale of dealership pending manufacturer's exercise of right of first refusal *

USA - July 27 2011
A  federal district court preliminarily enjoined a dealer's attempt to sell the dealership to third parties, finding that the manufacturer would "suffer immediate and irreparable injury" if the injunction motion had not been granted.

Co-authors: J. Todd Kennard.

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Federal district court denies class certification on risk utility claims *

USA - July 21 2011
A United States District Court has again denied plaintiffs' efforts to certify a class related to alleged design flaws in automotive seats.

Co-authors: J. Todd Kennard.

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