February 3, 2017 Labor & Employment Law, Class Actions, Dispute Resolution & Arbitration (United States Ninth Circuit) - In an employment class action, the district court's order denying defendants' motion to stay proceedings, compel arbitration of claims arising out of the plaintiff's employment, and dismiss class and representative claims, is reversed where: 1) although the Incentive Bonus Agreement was an adhesion contract, it was not procedurally or substantively unconscionable under California law; and 2) the dispute resolution provision was valid and enforceable once the judicial carve-out was extirpated and the waiver of representative claims was limited to non-PAGA claims.
February 1, 2017 Injury & Tort Law, Contracts (United States First Circuit) - In a suit between a manufacturer-plaintiff and a supplier-defendant, alleging breach of contract, breach of implied and express warranties, and negligence, the district court's judgment enforcing the jury's award of $7.2 million in damages to plaintiff resulting from the failure of material defendant had supplied to plaintiff is affirmed over defendant's meritless contentions that the district court erred by: 1) denying defendant's motion to exclude plaintiff's damages expert; 2) allowing plaintiff's employees to testify concerning potential plaintiff's customers' intent to purchase plaintiff's new product; and 3) failing to correct these errors by denying defendant's motion for judgment as a matter of law, a new trial, or to alter or amend the judgment.
Christopher Coble, Esq. February 6, 2017 In the battle against unwanted sales calls, it's nice to know the government is on your side. The Do Not Call Registry was a good start, but in the age of cell phones, emails, and text messages, regulatory agencies can...
Christopher Coble, Esq. February 3, 2017 Not all prophylactics are created equal. From permanent and temporary implants to the pill, there are plenty of options for female birth control out there, and unfortunately some are safer than others. Whether making a device or a drug, birth...
Christopher Coble, Esq. February 2, 2017 Altria, née Philip Morris, is probably looking at a big dip in sales following a voluntary recall of some of its smokeless tobacco products after consumers found sharp metal objects in some cans. Although the company insists no users were...
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