One of the most surprising things about the case that Winn-Dixie brought against three national dollar store retailers for alleged violations of Winn-Dixie's exclusive use provisions in more than 100 shopping centers is that Winn-Dixie elected to pursue remedies against the dollar stores rather than the landlords that granted Winn-Dixie an exclusive-use provision with respect to the sale of certain grocery items.
Individual corporate officers of pharmaceutical, medical device, food and related companies can be prosecuted for violations of the United States Federal Food, Drug, and Cosmetic Act (FDCA) under the Park Doctrine. Such prosecutions "tip off" plaintiffs' attorneys to possible areas of product liability litigation to bring against a company.
2016 is in full swing and we will soon be conducting the 2016 Mattern & Associates Cost Recovery Survey. We've been conducting this bi-annual survey since 2004 and, during that time, it has become an industry resource for tracking the cost recovery practices of law firms across size and geography.
n a first-of-its-kind decision, the Eleventh Circuit deferred to the EEOC and held that job applicants may bring "disparate impact" claims for age discrimination against potential employers, even in the absence of evidence of intentional discrimination. The court additionally held that the statute of limitations for filing a charge with the EEOC may be tolled in such cases.
The Buffalo Philharmonic Orchestra (BPO) had little choice but to fire its principal oboist for his repeated clashes with the symphony's conductor, other musicians and staff, the U.S. District Court for the Western District of New York found in upholding the "fair and just" findings of an arbitrator.
On Jan. 20, 2016, the United States Supreme Court rendered its decision, in an Eleventh Circuit case in which an ERISA health plan sought to recover medical benefits paid to an injured participant after that participant's personal injury settlement funds had already been spent.
Successfully negotiating a monetary settlement in an on-the-job injury, discrimination, harassment, retaliation, wage and hour or other employment-related claim is the responsibility of all parties ' both defense and plaintiff. Here's a look at structured settlements.
Across the nation, by far the most common setting for deciding domestic relations cases is the bench trial, where the judge sits alone without a jury except in extraordinary circumstance; cases involving domestic torts, for example. In the final analysis, therefore, our judges are our audience. They are certainly more than a passive audience; they are participants in every sense.
Despite appearing to accept that rapid and ongoing market change is here to stay, firms, and their leaders, have responded with change efforts that can largely be described as limited and reactive short-term solutions. Why?
In a first-of-its-kind decision, the U.S. Court of Appeals for the Eleventh Circuit deferred to the EEOC and held that job applicants may bring "disparate impact" claims for age discrimination against potential employers, even in the absence of evidence of intentional discrimination.
