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Results: 1-10 of 599

The Sixth Circuit expands American Pipe tolling
  • Baker & Hostetler LLP
  • USA
  • July 13 2015

On July 7, the Sixth Circuit decided Phipps v. Wal-Mart Stores, Inc., No. 13-6194, 2015 WL 4079441 (6th Cir. July 7, 2015), an interlocutory appeal


Indiana district courts finds private equity firm potentially liable in WARN class action
  • Baker & Hostetler LLP
  • USA
  • October 1 2013

This seems to be the month for class action cases presenting unusual issues in combination. Last week we wrote about a class action disparate impact


Tinley Park Hotel and Convention Center: the NLRB gets out its selfie stick
  • Baker & Hostetler LLP
  • USA
  • July 6 2015

Over the past few years, many employers have found outthe hard waythat the National Labor Relations Board is serious in policing employee handbooks


Third Circuit: availability of classwide arbitration is an issue for the courts not arbitrators unless the parties agreed otherwise
  • Baker & Hostetler LLP
  • USA
  • August 1 2014

Wednesday, the Third Circuit held that the determination of whether an agreement allows classwide arbitration is a question of arbitrability for the


No sale -- sales commissions violate anti-kickback statute; prevent enforcement of nonsolicitation
  • Baker & Hostetler LLP
  • USA
  • March 7 2013

A durable medical equipment (DME) distributor, Joint Technology, Inc., entered into an agreement to pay a salesman commissions ranging from 18 to 22


Despite an appellate remand, the NLRB allows an ad hominem attack on an employer
  • Baker & Hostetler LLP
  • USA
  • June 9 2014

In its recent 2-1 decision in Plaza Auto Center, Inc., 360 NLRB No.117 (May 28, 2014), the National Labor Relations Board again demonstrated its


Coats v. Dish Network, LLC: the Colorado Supreme Court provides added certainty regarding a Colorado employee’s use of medical marijuana outside of work
  • Baker & Hostetler LLP
  • USA
  • June 18 2015

On Monday, June 15, 2015, the Colorado Supreme Court, in a long-awaited decision in the Coats v. Dish Network, LLC, case, confirmed what actions


Washington federal court decertifies class of insurance agents alleging entitlement to overtime
  • Baker & Hostetler LLP
  • USA
  • July 7 2015

Challenging the classification of workers as independent contractors continues to be a growing area of focus for plaintiffs’ attorneys. However, as a


Supreme Court to hear challenge to public sector union fees for non-members
  • Baker & Hostetler LLP
  • USA
  • July 6 2015

On June 30, the United States Supreme Court agreed to hear a long-awaited challenge to the practice of allowing unions to collect fees from public


Court finds TwomblyIqbal pleading standard does not apply to class action defenses
  • Baker & Hostetler LLP
  • USA
  • February 8 2012

The Supreme Court made clear in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009), that a complaint cannot simply parrot the elements of a claim but must make specific factual allegations regarding the actions the plaintiffs seek to challenge