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Results:1-10 of 39

Browsewrap Agreement Held Unenforceable - Website Designers Take Note!
  • Proskauer Rose LLP
  • USA
  • July 28 2016

In Nghiem v Dick’s Sporting Goods, Inc., No. 16-00097 (C.D. Cal. July 5, 2016), the Central District of California held browsewrap terms to be


Supreme Court sets oral arguments in Brinker
  • Proskauer Rose LLP
  • USA
  • October 4 2011

The California Supreme Court announced today that it will hear oral arguments in the landmark wage-and-hour case Brinker Restaurant v. Superior Court on November 8 in San Francisco.


Rulings, filings, and settlements of interest
  • Proskauer Rose LLP
  • USA
  • September 9 2011

In Florida v. United States Dep't of Health and Human Servs., 11-11021-cv, 2011 WL 3519178 (11th Cir. Aug. 12, 2011), the Eleventh Circuit affirmed in part and reversed in part the district court's ruling that the Affordable Care Act was unconstitutional.


Auto sales consultants’ class action was properly dismissed
  • Proskauer Rose LLP
  • USA
  • July 13 2011

Leena Areso, who worked as a commissioned sales consultant for CarMax, filed this class action lawsuit, asserting that she and the members of the putative class were owed unpaid overtime.


Seventh Circuit says hybrid wage cases are OK
  • Proskauer Rose LLP
  • USA
  • January 19 2011

Class action defense counsel, at least, have argued for a long time that there is a basic incompatibility between collective action claims under the FLSA, which require individual plaintiffs to opt in to the litigation, and wage claims brought under state law, which generally are opt -out cases -- meaning that everyone in the job classification at issue is part of the class unless they affirmatively choose not to be.


Cigna Corp. v. Amara: the “likely prejudice” standard under the microscope
  • Proskauer Rose LLP
  • USA
  • December 10 2010

On November 30, 2010, the U.S. Supreme Court heard oral argument in CIGNA Corp. v. Amara, Case No. 09-804.


L. Robert Batterman
  • Proskauer Rose LLP

Russell L. Hirschhorn
  • Proskauer Rose LLP

Wayne D Katz
  • Proskauer Rose LLP

Amy Covert
  • Proskauer Rose LLP