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Tag Archives: defense
The Good Faith Defense as a Complete Bar to Wage Claims? Yes, It Is!
When the Department of Labor, whether USDOL or a state agency, issues an Opinion Letter on a certain topic/issue or follows a consistent course of conduct vis-à-vis a particular employer, that employer is allowed to rely on that letter or … Continue reading
Posted in Employment and Labour Law
Tagged claims, Complete, defense, Faith, good, wage
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RECENT FEDERAL APPELLATE COURT RULING ASSISTS FLORIDA EMPLOYERS IN THEIR DEFENSE AGAINST EMPLOYMENT DISCRIMINATION LAWSUITS
A recent decision from the federal appellate court that decides the legal standards for employment discrimination claims in Florida federal courts made it much easier for employers to defend against employment discrimination lawsuits. Under federal law, a plaintiff’s burden in … Continue reading
Posted in Business law
Tagged against, Appellate, Assists, Court, defense, Discrimination, Employers, Employment, Federal, Florida, Lawsuits, Recent, ruling, their
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Affirmative defense asserting that Copyright Act is unconstituational survives motion to strike
Plaintiff sued defendant search engine for copyright infringement alleging that defendant wrongfully reposted a picture plaintiff had taken. Defendant’s answer included a number of affirmative defenses. Plaintiff moved to strike the affirmative defenses. The court struck some of them but … Continue reading
Posted in Copyright Law
Tagged Affirmative, Asserting, Copyright, defense, Motion, strike, Survives, unconstituational
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Guest Post: Allocation of Defense Costs in D&O Litigation
Peter Selvin Ben Clements In the following guest post, Peter Selvin and Ben Clements take a look at the legal principles involved in the allocation of defense expense under a D&O insurance policy. Peter Selvin is a member of TroyGould … Continue reading
Posted in Corporate Law
Tagged Allocation, costs, D&O, defense, Guest, Litigation, Post
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Naked Licensing Defense Alone Does Not Violate Trademark Best Efforts or Notice Clauses
Chicago Mercantile Exchange Inc. v. ICE Clear US, Inc., No. 18 C 1376, Slip Op. (N.D. Ill. Feb. 1, 2019) (Kennelly, J.). Judge Kennelly granted defendants’ (collectively “ICE”) Fed. R. Civ. P. 12(b)(6) motion to dismiss and motion to strike … Continue reading