Carlton Fields

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4 reasons why companies can ask exempt employees to work for 'free'

October 12 2015 The leaked Urban Outfitters memo asking salaried employees to volunteer one or more weekend shifts at an Urban Outfitters fulfillment center to pick…

Why did I receive an administrative processing notice?

October 21 2014 Administrative processing ensures that visa applicants are carefully screened before entering the United States. While the number of visa denials is…

How to properly join in a co-party’s brief or motion to avoid waiver issues

November 20 2015 Joining in a co-party's brief or motion can be cost effective, but the careful litigator should make sure to explain to the court how the other…

Be punctilious, or you might inadvertently waive a personal jurisdiction objection in federal court

November 6 2015 May you preserve an objection to personal jurisdiction by including a general denial to the complaint's allegation in your answer and then moving to…

The Reply Brief: Turning "Getting the Last Word" into "Getting the Win"

December 16 2015 When you are the appellant, you always have the burden of persuasion in seeking a reversal. Even on a de novo review, you are starting at least a…

Ninth Circuit Joins Sixth, Seventh, and Eighth Circuits in Declining to Impose an “Administrative Feasibility” Requirement for Class Certification

January 9 2017 The Ninth Circuit affirmed certification of putative class actions brought against ConAgra Foods, Inc. (“ConAgra”) by consumers who claimed that…

State Law Prohibiting Class Actions Does Not Preclude Court From Maintaining Certification and Approving Settlement Agreement

January 6 2017 The Sixth Circuit recently affirmed approval of a class action settlement agreement, holding that “a post-settlement change in the law does not alter…

Peerless, This is Not: Sixth Circuit Finds No Latent Ambiguity in Consent to Settle Requirement in Excess Policy

January 5 2017 Disputes between policyholders and excess insurers often involve events that occurred before the underlying defense costs or indemnity payments…

Ninth Circuit applies New York law in determining assignment of rights to arbitration proceeds was not a material breach of settlement agreement

January 5 2017 Finding the alleged breach of an anti-assignment provision in a Settlement Agreement was not material, the Ninth Circuit held that the FAA did not…

Ninth Circuit Denies Rehearing En Banc, Requires Ex-Uber Drivers to Arbitrate Claims Individually

January 4 2017 The Ninth Circuit denied rehearing en banc of its September order holding that the district court erred in deciding whether two drivers who sued Uber…