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  • Article

    Plaintiff Is The Master And Commander Of Her Compaint And Can Limit The Amount In Controversy

    While remanding the action to state court based on the plaintiff’s disclaimer of an award greater than $5 million, a District Court in Ohio held that the plaintiff being master of her complaint can plead in good faith to avoid federal jurisdiction.
    United StatesLitigation, Mediation & Arbitration
    McGlinchey Stafford
    McGlinchey Stafford
  • Article

    The First Circuit Rules That Federal Law Has Its Limits - Who Knew?

    Plaintiffs nationwide sought to bring claims on behalf of all persons or entities in the United States who were current or former owners of several particular vehicles, alleging that the engines were defectively designed and that the defendants concealed the defects.
    United StatesLitigation, Mediation & Arbitration
    McGlinchey Stafford
    McGlinchey Stafford
  • Article

    This Subprime Bubble Will Burst In State Court

    In an action brought by borrowers alleging fraudulent and negligent misrepresentation against national banks, a district court remanded the case to state court, finding that the defendants primarily failed to meet their burden to establish that this was a mass action under CAFA.
    United StatesLitigation, Mediation & Arbitration
    McGlinchey Stafford
    McGlinchey Stafford
  • Article

    EPA's Long Arm Reach: PFAS TSCA Rule

    On October 11, 2023, the U.S. Environmental Protection Agency (EPA) issued a final rule to require reporting under Section 8(a)(7) of the Toxic Substances Control Act.
    United StatesEnvironment
    McGlinchey Stafford
    McGlinchey Stafford
  • Article

    Case Gets Crated and Barreled Back to State Court: A Paper Filed In State Court Has More Weight Than One Filed In Federal Court At Least For Removal

    Recently, a District Court in California held that only a paper filed in state court and not federal court opens § 1446(b)’s second thirty-day removal window.
    United StatesLitigation, Mediation & Arbitration
    McGlinchey Stafford
    McGlinchey Stafford
  • Article

    Supreme Court Clarifies FAA Arbitration Exception Not Limited To Transportation Workers

    On April 12, 2024, the Supreme Court issued its decision in Bissonnette v. LePage Bakeries Park St., LLC, 601 U.S. __ (2024).
    United StatesLitigation, Mediation & Arbitration
    McGlinchey Stafford
    McGlinchey Stafford
  • Article

    The District Judge Continues To Play Bingo

    What a sexy claim!! Cry baby gamblers of bingo in ‘Bama.
    United StatesLitigation, Mediation & Arbitration
    McGlinchey Stafford
    McGlinchey Stafford
  • Article

    The Supreme Court’s Knowles Ruling Is Not "Other Paper" Within The Meaning Of 28 U.S.C. 1446(b)(3)

    The District Court held that the Supreme Court’s recent opinion in "Standard Fire Insurance Co. v. Knowles" is not an "other paper".
    United StatesLitigation, Mediation & Arbitration
    McGlinchey Stafford
    McGlinchey Stafford
  • Article

    I Won't Play "Ping-Pong" For Gift Cards

    Clothier who paid The Situation not to wear its clothes gets to stay in federal court for voiding its own gift cards.
    United StatesLitigation, Mediation & Arbitration
    McGlinchey Stafford
    McGlinchey Stafford
  • Article

    Virgin Mobile Stopped Ringing At California Courts

    In this action, a District Court in California held that under the "preponderance of evidence" standard, it cannot require a stronger showing which would require a defendant to concede liability.
    United StatesLitigation, Mediation & Arbitration
    McGlinchey Stafford
    McGlinchey Stafford
  • Article

    The Superfund Tax Is Almost Here – Are You Ready?

    Beginning July 1, 2022, a Federal excise tax, commonly referred to as the "Superfund Tax," will be imposed on any taxable chemical sold by a manufacturer, producer, or importer.
    United StatesEnvironment
    McGlinchey Stafford
    McGlinchey Stafford
  • Article

    Limited Liability Companies Are Like Corporations For Purposes Of Determining Citizenship Under CAFA

    The District of Missouri held that Congress chose to treat limited a limited liability company like a corporation for purposes of determining citizenship under CAFA.
    United StatesLitigation, Mediation & Arbitration
    McGlinchey Stafford
    McGlinchey Stafford
  • Article

    Probation Company Is Not A Government Entity For The Purpose Of CAFA

    A question arose before the Eleventh Circuit if a probation company is a government entity so that it could not assert federal jurisdiction under CAFA.
    United StatesLitigation, Mediation & Arbitration
    McGlinchey Stafford
    McGlinchey Stafford
  • Article

    Can A Payroll Employee Disclose Tax Return Information?

    Tax returns and return information generally are protected from disclosure by Section 6103 of the Internal Revenue Code (Code), and unauthorized disclosures can result in penalties.
    United StatesTax
    McGlinchey Stafford
    McGlinchey Stafford
  • Article

    FTC's Proposed Dealer Trade Rules Sets Sights On "Add-on" Product Sales

    On July 13, 2022, the FTC's proposed Motor Vehicle Dealers Trade Regulation Rule, was published in the Federal Register. The FTC's stated purpose of the proposed rule is to "protect consumers and honest dealers...
    United StatesConsumer Protection
    McGlinchey Stafford
    McGlinchey Stafford
  • Article

    Is My Contract Void?

    In this appeal, the Eleventh Appellate District reversed the trial court's judgment in favor of the plaintiff on her vehicle warranty claims, finding that she was not entitled to rescind...
    United StatesCorporate/Commercial Law
    McGlinchey Stafford
    McGlinchey Stafford
  • Article

    Pregnant Workers Fairness Act: EEOC Regulations Finalized

    On December 9, 2022, President Biden signed the Pregnant Workers Fairness Act (PWFA) into law. The Equal Employment Opportunity Commission...
    United StatesEmployment and HR
    McGlinchey Stafford
    McGlinchey Stafford
  • Article

    Can I Take Possession Without A Lawsuit?

    In this appeal, the Third Appellate District affirmed the trial court's decision to grant summary judgment to the defendant, finding, among other things...
    United StatesLitigation, Mediation & Arbitration
    McGlinchey Stafford
    McGlinchey Stafford
  • Article

    To Put It Bluntly, The Federal Judiciary's Inconsistent Approach To The Cannabis Industry Is (Reefer) Madness

    We often look to the federal judiciary as the gold standard of American jurisprudence. State courts frequently find federal opinions persuasive. Confirmation hearings for federal judges are televised.
    United StatesCannabis & Hemp
    McGlinchey Stafford
    McGlinchey Stafford
  • Article

    Has My Contract Been Modified?

    In this appeal, the Eleventh Appellate District reversed the trial court's decision finding that the plaintiff was not an assignee under the terms of a retail installment contract.
    United StatesCorporate/Commercial Law
    McGlinchey Stafford
    McGlinchey Stafford

Showing 161–180 of 225 results

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