ArticleThe Supreme Giveth And The NLRB Taketh AwayEmployment lawyers get excited about the little things – the changes and wrinkles in the law. United StatesEmployment and HRStrasburger & Price, L.L.P.
ArticleHail No: Supreme Court Reins In Overbroad DiscoveryTexas Supreme Court recently confirmed that mandamus relief remains available for overbroad discovery orders. United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.
ArticleClass Action Certification Requires That Damages Attributable To A Class-Wide Injury Be Measurable On A Class-Wide Basis.On March 27, 2013 the Supreme Court reversed a class certification by the Third Circuit in an antitrust case, holding that a party seeking class certification must show a class-wide way to calculate damages. Comcast Corp. v. Behrend, 133 S.Ct. 1462.United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.
ArticleClass Action Certification Requires That Damages Attributable To A Class-Wide Injury Be Measurable On A Class-Wide BasisThe Supreme Court has recently reversed a class certification by the Third Circuit in an antitrust case, holding that a party seeking class certification must show a class-wide way to calculate damages. Comcast Corp. v. Behrend, 133 S.Ct. 1462.United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.
ArticleRetaliation For Filing A Pregnancy Discrimination Claim: $185 Million Buys A Lot Of Diapers!On November 17, 2014, a California jury issued a record-setting $185 million punitive damage award to Rosario Juarez, a former AutoZone Stores, Inc. manager. United StatesEmployment and HRStrasburger & Price, L.L.P.
ArticleNinth Circuit Opens Floodgates For Duplicative Mislabeling Claims In CaliforniaPlaintiffs' complaint in Samet alleged that Proctor and Gamble fraudulently mislabeled Pringles chips, Morning Star riblets and other products containing trans fat as "healthy."United StatesMedia, Telecoms, IT, EntertainmentStrasburger & Price, L.L.P.
ArticleIs That A Pig Flying? Maybe Not, But Employees Don’t Have To Arbitrate This OneBy now, most are familiar with AT&T Mobility v. Concepcion, in which the United States Supreme Court affirmed class action waivers in contracts containing arbitration agreements.United StatesEmployment and HRStrasburger & Price, L.L.P.
ArticleCan You Avoid Removal By Stipulating To Damages Below The Jurisdictional Amount In A State Class Action?That is the question the Supreme Court recently answered in Standard Fire Insurance Co. v. Knowles.United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.
ArticlePay For Performance And Clinical IntegrationReimbursement rates paid by government and commercial payors to providers and professionals alike are being compacted. Health care providers and professionals are burdened with simultaneously delivering quality health care and adjusting to the increasing complex reimbursement system. Add the regulatory strictures of the Anti-trust, Stark Law, Anti-Kickback and Civil Monetary Penalties Act into the dynamic and you have a perfect witch’s brew that is hampering the delivery of quality health careUnited StatesFood, Drugs, Healthcare, Life SciencesStrasburger & Price, L.L.P.
ArticleThe Department Of Justice And The Yates Memo: Heightened Focus On Individual LiabilityLast month, in what is known as the "Yates Memo," the United States Department of Justice (DOJ) set a new course on "Individual Accountability for Corporate Wrongdoing" identifying six "keys steps" in its prosecutions. United StatesCriminal LawStrasburger & Price, L.L.P.
ArticleHow Temporary Is The Temporary Injunction On Application Of The New FMLA Spouse Rule?The hotly contested debate of marriage equality is reaching a boiling point as the United States Supreme Court begins to hear opening arguments.United StatesEmployment and HRStrasburger & Price, L.L.P.
ArticleWhen Your Diversity Training Sounds Like A Saturday Night Live SkitRecent elections resulted in a female majority on the Austin city council, and the Austin city manager's office thought diversity training would be a good idea.United StatesEmployment and HRStrasburger & Price, L.L.P.
ArticleHealthcare Liability Affidavits Not Required In Federal Court In the Passmore opinion, the court held that Texas' requirement regarding expert reports in healthcare claims pursuant to Section 74.351 of the Texas Civil Practice & Remedies Code was procedural in nature...United StatesFood, Drugs, Healthcare, Life SciencesStrasburger & Price, L.L.P.
ArticleWhose Burden Is It To Ascertain The Value Of The Freight For Insurance Purposes?When freight loss occurs and the loss exceeds the limits of the motor carrier’s cargo coverage, the motor carrier and the transportation broker typically wind up at odds over who was responsible for determining the value of the shipment for insurance purposes. United StatesInsuranceStrasburger & Price, L.L.P.
Article2015 Amendments To The Federal Rules Of Civil ProcedureThe 2015 Amendments to the Federal Rules of Civil Procedure apply to all cases filed on or after December 1, 2015, and to existing cases so far as is "just and practical." Here are the major changes.United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.
ArticleEffectively And Ethically Dealing With Unstable Pro Se LitigantsUnrepresented litigants file 10% of civil cases in federal courts and an even higher percentage of civil cases in state courts.United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.
ArticleIs Everybody Here? Supreme Court Defines Necessary PartiesTexas Rule of Civil Procedure 39(a) requires joinder of person who is subject to service as a party to the suit if that person's absence would prevent complete relief...United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.
ArticleLoss Of Use Damages Now Recoverable Even When Property Is DestroyedTexas has long clung to a peculiar distinction about when loss-of-use damages are available in suits for damage to personal property.United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.
ArticleThe Lege Rocks Our World About Net Worth DiscoveryEach legislative session, the Texas Legislature overturns everyone's understanding of the way things work in certain nooks and crannies of the legal world.United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.
ArticleWhen Is An Appellate Opinion Not Law?We used to know immediately if an appellate opinion constituted a legal precedent – if it appeared in a printed book, and hadn't been reversed or overruled, it was the law (to one degree or another).United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.