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Results: 1-10 of 1,699

The Horton ruling: non-union private employers violate the NLRA if mandatory arbitration agreements with employees bar class or collective actions
  • Holland & Knight LLP
  • USA
  • January 10 2012

Flexing its regulatory muscle, on January 3, 2012, the National Labor Relations Board in D.R. Horton, Inc. ruled that mandatory arbitration agreements that require employees to waive the right to file a class or collective action in any forum violated the National Labor Relations Act


Bondholder states alter ego claim against church and college
  • Holland & Knight LLP
  • USA
  • September 7 2012

In GTAS Asset Solutions, LLC v. African Methodist Episcopal Church, Case No. 1:11-CV-1148-RWS, 2012 WL 3637452 (N.D. Ga. Aug. 22, 2012), the court ruled that there was a genuine issue of fact as to whether the African Methodist Episcopal Church (AME) and Morris Brown College (MBC) were alter egos of each other and, thus, whether AME can hold a lien on MBC's property


Swarming does not create jurisdiction
  • Holland & Knight LLP
  • USA
  • March 16 2012

Judge Manning dismissed plaintiff Millenium TGA's case against a Doe defendant identified by its computer IP address ("Doe") for lack of personal jurisdiction


Is filling an off-label prescription an invitation to False Claims Act liability?
  • Holland & Knight LLP
  • USA
  • June 3 2013

On May 17, 2013, the U.S. District Court for the Northern District of Georgia issued an order that joins an unsettling line of decisions suggesting


Judgment against preschool teacher who stated discrimination claims affirmed
  • Holland & Knight LLP
  • USA
  • January 11 2012

In Henry v. Red Hill Evangelical Lutheran Church of Tustin, Case No. G044556, 2011 WL 6119336 (Cal. App. 4 Dist. Dec. 9, 2011), a former preschool teacher brought an action against Red Hill Lutheran School alleging wrongful termination for living with her boyfriend and raising their child together without being married


California Governor's budget zeros out all redevelopment agency funding
  • Holland & Knight LLP
  • USA
  • January 6 2012

Following the California Supreme Court’s decision upholding legislation to eliminate redevelopment agencies, the state budget proposed by Governor Jerry Brown yesterday takes full credit for the tax revenues that would have gone to redevelopment agencies, dealing a further blow to efforts by redevelopment agency proponents to reach a quick legislative solution prior to the elimination of redevelopment agencies on February 1, 2012


U. S. Supreme Court unanimously recognizes ministerial exception to employment discrimination laws
  • Holland & Knight LLP
  • USA
  • January 12 2012

On January 11, 2012, the United States Supreme Court unanimously confirmed the existence of a “ministerial exception” grounded in both the Free Exercise Clause and Establishment Clause of the First Amendment that operates as an affirmative defense to bar a “minister” from suing a religious institution for employment discrimination


Microsoft v. i4i: snatching victory from the jaws of defeat
  • Holland & Knight LLP
  • USA
  • December 4 2012

Last year, the patent defense bar was disappointed when the Supreme Court refused to lower the standard for invalidating patents based upon prior art that was not considered by the Patent Office


Patents held unenforceable after bench trial
  • Holland & Knight LLP
  • USA
  • January 9 2013

Judge Hart entered findings of fact and conclusions of law after a patent bench trial related to cell phones with caller ID, text messaging, pictures or


Ninth Circuit decision in Air v. EPA threatens to disrupt federal highway funding and transportation improvement projects
  • Holland & Knight LLP
  • USA
  • March 7 2012

On February 2, 2012, the Ninth Circuit published a decision that could disrupt federal highway funding and transportation improvement projects across the country