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Results: 1-10 of 280

EEOC's failure to engage in conciliation results in dismissal of the CVS case

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • October 14 2014

As we discussed at our Annual Employment, Labor and Benefits Seminar on October 2, recently, the EEOC has been attacking severance agreements

Reasonable accommodations for employees with multiple sclerosis - what does the law require?

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • May 9 2013

With an estimated 400,000 people diagnosed with multiple sclerosis ("MS") in the United States, it is not surprising that legal issues have flared up

Japanese parent may be jointly liable with its subsidiary

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • August 11 2014

Todd Brown worked in the New Business Development Group for Daikin America, Inc. ("DAI"), a wholly owned subsidiary of Daikin Industries Ltd. ("DIL"

Statute of Frauds defense fails based on course of dealing

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • February 8 2013

The Statute of Frauds requires certain contracts to be evidenced by a writing to be enforceable. It is based on an English statute from the 17th

In California, a settling defendant may not be truly out of the case

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • October 4 2012

The California Supreme Court recently ruled that in cases where the trial judge has not certified that a settlement was reached in good faith, the non-settling defendants may later sue the settling defendant if the jury apportions additional fault to the settling defendant

In Illinois, corporate officers and directors can owe a fiduciary duty to corporate creditors

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • October 4 2012

Recently, the First District of the Illinois Appellate Court reversed the trial court's dismissal of an action for breach of fiduciary duty because it found that corporate directors and officers, in certain circumstances, owe a fiduciary duty to the corporation's creditors

Court emphasizes risks of dealing with known insolvent entity

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • August 16 2010

A recent 7th Circuit Court of Appeals decision shows the risks of dealing with an entity known to be insolvent and demonstrates that claimants, however deserving, can expect little sympathy from the courts

California arbitration agreements can allow for emergency court orders

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • March 22 2013

In Baltazar v. Forever 21, Inc., No. B237173 (Cal. App. Dec. 20, 2012), California's Second District Court of Appeal enforced an employer's

Limitation of liability contract provision enforced hotel owner loses $4.1 million

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • July 8 2013

It is common for a contract to include provisions that allocate risks and liabilities among the parties. These could range from a complete exclusion

EEOC sues construction company for religious discrimination

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • February 15 2010

On Thursday, February 11, 2010, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that it had filed a lawsuit against T.A. Loving Company (a North Carolina based construction company) for denying a religious accommodation to several employees and then later firing them because of their religion