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Keyword: Court:

09/08/2016
BRAITBERG V. CHARTER COMMUNICATIONS, INC
Cable Customer’s Invasion of Privacy Suit Falls For Lack of Article III Standing-No Concrete Injury
United States Court of Appeals for the Eighth Circuit

Braitberg, a cable customer, sued Charter Communications since three years after he canceled his cable services Charter continued to maintain his personally identifiable information. Charter’s indefinite retention policy violated the rights

Submitted by: Chuck Gschwend of Womack Phelps Puryear Mayfield & McNeil, P.A. - Posted: 09/20/2016
09/01/2016
AUTO-OWNERS INSURANCE CO. V. STEVENS & RICCI INC
Third Circuit finds that Telephone Consumer Protection Act (“TCPA”) claims for unsolicited faxes are not covered.
United State Court of Appeals for the Third Circuit

Policyholder sought coverage for $2 million judgment for violating TCPA by sending fax advertisements.  Affirming the District Court, the Third Circuit found that sending unsolicited fax advertisements in violation of the TCPA was not covered

Submitted by: Alan Rutkin, Rivkin Radler LLP - Posted: 09/07/2016
08/30/2016
CELEBRATION CHURCH, INCORPORATED v. UNITED NATIONAL INSURANCE COMPANY
Precious Metals Exclusion upheld to apply to A/C units.
United States Court of Appeals for the Fifth Circuit

Celebration Church is the owner of commercial property located in Metairie, Louisiana. In 2013, Celebration Church discovered that thieves had opened seven air conditioning units installed on the rooftop of its commercial property and had stolen t

Submitted by: Kay Gaffney, Barnes Alford - Posted: 08/31/2016
08/29/2016
Bristol-Myers Squibb v. Superior Court
California Expands Specific Jurisdiction
California Supreme Court

The California Supreme Court held the California Courts can exercise specific jurisdiction over mass tort claims by non-resident plaintiffs against a non-resident defendant when those claims are based on the same course of conducts as the claims b

Submitted by: Andrew B. Downs, Bullivant Houser Bailey PC - Posted: 08/31/2016
08/23/2016
The Trustees of Columbia University in the City of New York and Graduate Workers of Columbia, GWC, UAW.
The NLRB Strikes Back: The Student Has Become the Employee – Just in Time for Back to School, Statutory Employee Status Granted to Student Assistants.
National Labor Relations Board Decision

The Graduate Workers of Columbia, GWC, UAW filed a petition seeking to represent both graduate and undergraduate teaching assistants, as well as graduate research assistants to collectively bargain with Columbia University in December 2014. 

Submitted by: Paul M. Finamore and Keith O. Hinder, Jr. of Niles, Barton & Wilmer, LLP - Posted: 09/07/2016
08/22/2016
Morris v. Ernst & Young, LLP,
9th Circuit agrees tht cannot force separate arbitration of employee actions.
United States Court of Appeals for the Ninth Circuit

At issue in the Ninth Circuit decision were “concerted action” waivers, signed by the named plaintiffs who sought to bring a collective action against Ernst & Young for allegedly unpaid overtime.  The waivers provided that the

Submitted by: - Posted: 09/07/2016
07/12/2016
Garza v. Gama
On appeal 80,000 member class re-instated.
Arizona Court of Appeals

The Arizona Court of Appeals reversed a trial court order decertifying an 80,000-member class of both employee and independent contractor drivers who worked for Swift Transportation, finding that Arizona’s implied covenant of good faith and

Submitted by: - Posted: 09/07/2016

 

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