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Burden of Proof › Jury Trial

Ballard Spahr LLP

Pennsylvania Supreme Court To Decide Enforceability of Online Arbitration Agreements

Ballard Spahr LLP on

As reported in Public Citizen’s Consumer Law & Policy Blog, the Pennsylvania Supreme Court recently agreed to review Chilutti v. Uber Technologies, Inc., in which a divided panel of the Pennsylvania Superior Court (and later...more

Davis Wright Tremaine LLP

Excessive Fees or Incessant Litigation – Time for Legislative and Employer Action on Retirement Plans!

Davis Wright Tremaine LLP on

Commonly referred to as "excessive fee" litigation, class actions that allege retirement plan investments charge too much and earn too little have increased over the past two decades. Excessive fee cases are difficult to...more

Butler Snow LLP

TN Appeals Court Reinstates Hostile Work Environment and Whistleblower Claims

Butler Snow LLP on

An individual may file a claim under Tennessee’s “whistleblower statute”—the Tennessee Public Protection Act (TPPA)—if she was fired solely for reporting or refusing to participate in illegal activity. Similar to federal law,...more

Allen Matkins

Directors Fail To Escape Liability For Approving Dividend

Allen Matkins on

I last wrote about FDIC v. Ching, 2014 U.S. Dist. LEXIS 92687 (E.D. Cal. July 8, 2014) in July of 2014. That post concerned Judge Kimberly J. Mueller's ruling that California's statutory restrictions on distributions to...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Requires Individual Analysis of "Me Too" Discrimination Evidence

Parker Poe Adams & Bernstein LLP on

In order to reach a jury trial, plaintiffs in employment discrimination claims generally must provide evidence of intentional treatment that led to some adverse employment consequences. In some cases, plaintiffs attempt to...more

Foley Hoag LLP

SJC Rules in Employment Discrimination Cases a Plaintiff Need Only Show the Reason for Discharge was Untrue to Survive Summary...

Foley Hoag LLP on

On February 29, 2016, the Massachusetts Supreme Judicial Court (“SJC”), in Bulwer v. Mount Auburn Hospital, articulated the type of evidence required for a plaintiff to survive summary judgment and have his claims heard by a...more

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