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Archive by tag: Carlton FieldsReturn

Employment Discrimination Claim Compelled to Arbitration Despite Arguments That “Clickwrap” Stock Incentive Agreement and Discovery Limitations Were Unconscionable

The court granted Aetna’s motion to compel arbitration of a former employee’s age and disability wrongful termination claims that alleged violations of the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the New Jersey...By: Carlton Fields
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Carlton Fields | Sep 28,2019 |

Climate Change Ate My Property

As the state with the second longest coastline (8,436 miles) and the second largest number of islands (about 4,500 that are 10 acres or larger), Florida is certain to experience significant impacts from rising sea levels due to climate change....By: Carlton Fields
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Carlton Fields | Sep 24,2019 |

California Employers Win Major Damage Limitation in Wage and Hour Suits

California employers just won a major victory this week when the California Supreme Court issued its long-awaited decision in ZB, N.A. v. Superior Court. The exposure in Private Attorneys General Act (PAGA) cases was dramatically reduced to only...By: Carlton Fields
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Carlton Fields | Sep 16,2019 |

Plan Amendment Deadline Approaching for Plans That Implemented Hardship Changes in 2018 and 2019

Retirement plan sponsors that implemented hardship distribution changes and other disaster relief in 2018 and 2019 probably have to amend their plan documents by the end of this year if they haven’t done so already. We recommend that all plan...By: Carlton Fields
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Carlton Fields | Sep 10,2019 |

Hearsay What? EDNY Finds That Class Certification Evidence Must Be Admissible

Lin v. Everyday Beauty is an Eastern District of New York decision addressing an issue that has divided district courts in the Second Circuit and elsewhere: Whether a federal court may consider inadmissible evidence when deciding a class...By: Carlton Fields
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Carlton Fields | Sep 10,2019 |

The Hurricane is Coming in Five Days - Are We Ready for This?

On August 24, 1992, Hurricane Andrew made landfall in Homestead, Florida as a Category 4 hurricane. At the time, it was the third most intense hurricane that ever struck the United States. Andrew had sustained winds of 149 mph and gusts of up to 169...By: Carlton Fields
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Carlton Fields | Aug 30,2019 |

NDNY Finds Party Waived Right to Pursue Employment-Related Claims and Confirms Arbitration Award

The plaintiff voluntarily signed an employment agreement that provided that any and all employment-related disputes arising out of the plaintiff’s employment would be subject to confidential arbitration. Following his termination, the plaintiff filed...By: Carlton Fields
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Carlton Fields | Aug 27,2019 |

Applied Underwriters Overcomes Bid For Renewed Motion For Class Certification in Worker’s Compensation Reinsurance Dispute

We have been tracking certain class actions filed against Applied Underwriters, Inc. and Applied Risk Services, Inc. alleging that the companies fraudulently marketed and sold workers’ compensation insurance programs to California employers in...By: Carlton Fields
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Carlton Fields | Aug 13,2019 |

[Video] Canna We Talk Cannabis? Emerging Topics in Cannabis Law

The cannabis industry is rapidly expanding in the United States, with multiple jurisdictions and corporations seeking to accommodate the evolving cannabis market. Carlton Fields attorneys Kevin McCoy and Jennifer Tschetter discuss the emergence of...By: Carlton Fields
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Carlton Fields | Aug 07,2019 |

Third Circuit Affirms Arbitration Award for Employee’s Breach of Employment Agreement

Melody Shan was employed by Sabre GLBL. Shan entered into an employment agreement with Sabre, which prohibited Shan from disclosing confidential information and competing with Sabre for its employees, contractors, and customers, both during and after...By: Carlton Fields
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Carlton Fields | Jul 30,2019 |
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