In Bricklayers & Trowel Trades Int'l Pension Fund v. Credit Suisse Securities (USA) LLC (Bricklayers), the United States Circuit Court of Appeals for the First Circuit held that the district court properly excluded the testimony of class plaintiffs' expert as unreliable. Since the expert's testimony was the sole basis on which the class relied to establish damages, the court found that they failed to establish loss causation, and summary judgment was thus properly granted in favor of defendants.The Credit Suisse case arose out of the January 2001 merger between Time Warner Inc. and AOL. A pension fund and other AOL shareholders brought a class action against Credit Suisse First Boston (Credit Suisse) and several of its former analysts, alleging violation of Sections 10(b) and 20(a) of the Securities Exchange Act as well as violations of Rule 10b-5. Specifically, the class plaintiffs alleged that Credit Suisse fraudulently withheld material information in its … [Read more...] about First Circuit Court of Appeals Bar of Expert Testimony Fatal to Class Plaintiffs’ Claims
United states circuit court of appeals
A divided panel of the United States Court of Appeals for the Fourth Circuit took the unusual step of reversing an arbitrator’s award in favor of an ex-employee, finding that the arbitrator’s award was in “manifest disregard” of the law. It’s an interesting case that serves as a reminder both of the perils of arbitration and the importance of every word an employer includes in a seemingly-standard general release of claims. Arun Walia had worked for Kiran Dewan’s CPA firm. In 2009, Walia’s employment was terminated and he executed a release in exchange for a $7,000 payment. A few months later, Dewan filed a demand for arbitration against Walia, claiming that Dewan had breached various non-competition and non-solicitation provisions of his Employment Agreement. Walia then asserted various counterclaims.In defense of the counterclaims, Dewan asserted that the broad release Walia had given in exchange for the $7,000 … [Read more...] about Fourth Circuit Court of Appeals Takes Rare Step of Vacating Arbitrator’s Award, Saving Employer $400,000
On July 5, 2016, the United States District Court of Appeals for the Ninth Circuit issued a decision in the case entitled United States v. Nosal. The case involved a former employer and others using the password of another employee to hack into his former employer’s database in order to access and take information which belonged to his former employer.The decision has gained a lot of attention and press because Mr. Nosal’s criminal conviction was based upon his use of another employee’s passwords. There are a large number of articles and blog posts warning that the holding in the case could result in the criminal prosecution of an individual who uses a friend’s Netflix or HBO GO password to access those sites. While that could be one result of the decision, I believe the holding in the Nosal case does not currently go that far. Per the Ninth Circuit, “this appeal is not about password sharing. Nor is it about violating a company’s internal computer … [Read more...] about Does Recent 9th Circuit Court of Appeal Decision Make It a Crime to Share Passwords to Online Accounts?
As most employers know, the United States Department of Labor (DOL), along with many other federal and state agencies such as the Equal Employment Opportunity Commission, has focused on pursuing employers for misclassifying employees as independent contractors. In a rare, total rebuke of the agency’s tactics, the Fifth Circuit Court of Appeals in Gate Guard Services v. Perez recently assessed large monetary sanctions against the DOL for a frivolous lawsuit. The court said, “[r]ather than acknowledge its mistakes . . . the government here chose to defend the indefensible in an indefensible manner.”Gate Guard contracts with oil companies to provide gate attendants for remote drilling sites. The attendants remain at the drill sites, recording the license plates of vehicles entering and leaving the oil fields. Because many locations are isolated, these attendants often live on-site, and Gate Guard employs service technicians to deliver them supplies. Gate Guard … [Read more...] about DOL Gets Reined: In Fifth Circuit Court of Appeals Says the Agency Pushed Too Far in Worker Misclassification Case
The above video is a recording of the hearing that took place on 2.07.2017. Last week, Judge James Robart issued a nationwide temporary restraining order that put a hold on President Donald Trump‘s executive order that temprorarily banned immigration from seven Muslim countries and refugees from all over the world. On Tuesday, Department of Justice lawyers will ask a three-judge panel at the Ninth Circuit Court of Appeals to overturn that ruling at a hearing at 3:00 pm California time (6:00 pm ET).The hearing will be conducted over the phone, without any attorneys or judges actually being in a courtroom, which is why the livestream provided above is audio only. This is because the hearing was scheduled on an emergency basis and the judges are located in different offices in the circuit court’s western United States jurisdiction. You can watch above via LawNewz’s livestream from the court. … [Read more...] about LISTEN: Oral Arguments Over Trump Travel Ban at Ninth Circuit Court of Appeals