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7th Circuit Affirms Denial of Equitable Tolling of Statute of Limitations Under SOX

USA - April 5 2021 On March 22, 2021, the Seventh Circuit affirmed a decision by the ARB dismissing a whistleblower retaliation complaint under SOX for failure to file…

Emilie Adams, Vanessa P. Avello, John P Barry, Dana N. Berber, Amy Blackwood

New Jersey Excludes COVID-19 Layoffs from State WARN Law and Delays Effective Date of Pending Amendments

USA - April 16 2020 On April 14, 2020, Governor Phil Murphy signed into law two amendments to the New Jersey WARN Act (the “NJ WARN Act” or the “Act”) that alleviate…

Evandro C Gigante

U. S. Supreme Court Holds that Third-Party Defendants to Counterclaims Cannot Remove Class Actions to Federal Court

USA - June 5 2019 In a 5-4 decision in Home Depot U.S.A. Inc., v. Jackson, 587 U.S. __ (2019), the United States Supreme Court held that a third-party counterclaim…

Elise M Bloom

United States Supreme Court Says Courts Cannot Compel Classwide Arbitration Absent Affirmative Contractual Agreement

USA - April 25 2019 In a 5-4 decision authored by Chief Justice Roberts on April 24, 2019, the United States Supreme Court held that the Federal Arbitration Act (“FAA”)…

Elise M Bloom, Hayley H. Fritchie

United States Supreme Court Says that Equitable Tolling Cannot Extend Deadline to Appeal Class Certification Decisions Under Rule 23(f)

USA - February 28 2019 In a unanimous decision authored by Justice Sotomayor on February 26, 2019, the Supreme Court held that the 14-day deadline to seek permission to…

Mark W Batten, Elise M Bloom