Gooch v. Life Investors Insur. Co. of America, 246 F.R.D. 340, 347 (MD Tenn. 2009). However, the district court went on to say that although “sometimes the issues are plain enough from the pleadings to determine whether the interests of the absent parties are fairly encompassed within the named plaintiff’s claim…sometimes it may be necessary for the court to probe behind the pleadings before coming to rest on the certification question.” Id. The court then said that “the parties had submitted affidavits and exhibits that the court deems sufficient for the limited factual analysis required.” Id. Thus, the district court in Gooch did not take plaintiff’s allegations as true. The judge conducted the “limited factual inquiry” where it was necessary. In fact, the district court described the plaintiff’s deposition testimony that it considered on the issue of the plaintiff’s … [Read more...] about The Sixth Circuit Steps Back in Time on Certification of Consumer Classes
Jaguars injury report
Lee, once projected as a first round pick, purchased loss of value insurance in August 2013. He paid a $94,600 premium for $9.6 million in coverage. Lee believed that the coverage protected him if his draft position dropped and he signed a rookie contract worth significantly less than that the projected $9.6 million amount. Lee injured his left knee just two games into the 2013 season. As a result of the injury, Lee’s draft position dropped to the 39th overall pick in the 2014 NFL draft. Ultimately, he signed a contract with the Jacksonville Jaguars for $5.17 million. Lee filed an insurance claim and attempted to collect on the policy, but was unable to do as the insurance company raised a defense that Lee had misled with regard to pertinent medical information. In March 2015, Lee, along with a former USC teammate facing a similar issue, sued the insurance company over their failure to honor the policy. … [Read more...] about Is ‘Loss of Value’ Insurance Worth The Price For Student-Athletes, Universities??
In practice since 1997, Large soon got behind on his tax payments. In 2007 he pleaded guilty to four federal misdemeanor counts of failing to file personal tax returns. And this week the Ohio Supreme Court suspended his law license for one year, the newspaper recounts. … [Read more...] about Ohio Lawyer Gets 1-Year Suspension; Bought Jag & Boat, Let Taxes Go Unpaid
“In addition to issues under the [National Labor Relations Act], I would expect to see claims brought by players under other statutes,” University of North Carolina law professor Jeffrey Hirsch wrote at Workplace Prof Blog. “The [Fair Labor Standards Act] (hello minimum wage and overtime), Title VII, OSHA, and other statutes all have definitions of ‘employee’ as broad, or broader, than the NLRA. And those statutes will pull in public schools as well. I’d be surprised if we don’t see some of these claims soon, especially if the NCAA doesn’t make significant changes.” … [Read more...] about NU football union vote today | How to turn down a client | Does it matter what car a lawyer drives?
Sign up to our Daily newsletter More from the Evening Telegraph Strikes shut down Eiffel Tower and hit French rail services Johnson-Thompson shrugs off injury to take gold for England Laugher completes Gold Coast gold hat-trick Jaguar Land Rover to cut production and staff in Solihull … [Read more...] about Businessman wins court fight with Google over ‘right to be forgotten’