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Back Pay Award Reduced Based on Laches in Class Action
Law Firm News |
2012/03/01 10:18
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The Indiana Supreme Court recently decided what could prove to be a landmark decision on the doctrine of laches in Richmond State Hospital v. Brattain, Cause No. 49S02-1106-CV-327. If you are dealing with a case involving laches, this decision is a must read.
In this class action, employees who worked in state institutions claimed that the State had breached its contractual duty to provide equal pay for equal work by requiring that they work 40 hours per week for the same pay as employees in state offices who were only required to work 37.5 hours per week. The trial court found in favor of the employees and awarded 20 years of back pay, amounting to $42,422,788. The Court of Appeals reduced that award substantially by limiting back pay to a few months for merit employees but for non-merit employees, affirmed a recovery for 20 years of damages or about $18.7 million.
The Indiana Supreme Court granted transfer and then failed to reach a majority on numerous issues, dividing 2-2. Justice Sullivan did not participate, presumably because he served as State Budget Director during the period in dispute. As a result of the 2-2 split, the Supreme Court summarily affirmed the Court of Appeals on the merit employees' claims. As to the non-merit employees, the Supreme Court was able to reach a consensus, largely in favor of the State's laches defense.
http://www.indianalawupdate.com/entry/Back-Pay-Award-Reduced-Based-on-Laches-in-Class-Action |
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Indianapolis Business Corporate Law Firm
Law Firm News |
2012/02/29 09:39
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Entity Selection amp; Formation
There are many important decisions to be made by an emerging business, each of which come with potential pitfalls that be damaging to the business and its owners in the absence of proper legal guidance. Our attorneys can help you with these issues, steering you clear of the problems while helping you select the type of entity which best serves your business interests and goals. From drafting the formation documents to stock issuance to agreements between co-owners, our Firm’s skilled business attorneys can help you establish a solid legal foundation for your business’s future.
Contract Drafting amp; Negotiation
Beyond the formation of business entities, our Firm acts as a corporate counsel for many of its business clients, including the negotiation, drafting and review of our client’s contracts, ranging in size from a few thousand dollars to millions of dollars. With just a few hours’ time, our review of contracts before they are signed can help our clients avoid paying for hundreds of hours of attorney time in litigation once a contract dispute arises.
Riley Bennett amp; Egloff Law is a Business amp; Corporate law firm that offers an all-inclusive range of legal services for their business clients and is capable of handling the various issues any business can face. Based in Indianapolis, their attorneys have expertise in entity selection and formation, contract drafting and negotiation, and mergers and acquisitions. Their experience can help you establish a solid legal foundation for your business's future. See www.rbelaw.com. |
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Indianapolis Business Corporate Law Firm
Law Firm News |
2012/02/24 09:46
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span style=font-weight: boldEntity Selection amp; Formation/span
There are many important decisions to be made by an emerging business, each of which come with potential pitfalls that be damaging to the business and its owners in the absence of proper legal guidance. Our attorneys can help you with these issues, steering you clear of the problems while helping you select the type of entity which best serves your business interests and goals. From drafting the formation documents to stock issuance to agreements between co-owners, our Firm’s skilled business attorneys can help you establish a solid legal foundation for your business’s future.
span style=font-weight: boldContract Drafting amp; Negotiation/span
Beyond the formation of business entities, our Firm acts as a corporate counsel for many of its business clients, including the negotiation, drafting and review of our client’s contracts, ranging in size from a few thousand dollars to millions of dollars. With just a few hours’ time, our review of contracts before they are signed can help our clients avoid paying for hundreds of hours of attorney time in litigation once a contract dispute arises.
Riley Bennett amp; Egloff Law is a Business amp; Corporate law firm that offers an all-inclusive range of legal services for their business clients and is capable of handling the various issues any business can face. Based in Indianapolis, their attorneys have expertise in entity selection and formation, contract drafting and negotiation, and mergers and acquisitions. Their experience can help you establish a solid legal foundation for your business's future. See a href=http://www.rbelaw.comwww.rbelaw.com/a. |
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A Class Action Has Been Filed Against GNC
Law Firm News |
2012/02/22 09:45
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Abbey Spanier Rodd amp; Abrams, LLP announces that a class action lawsuit has been filed against General Nutrition Centers, Inc. (GNC), Cellucor Sports Nutrition, Woodbolt Distribution, Ltd, Woodbolt Management LLC and Woodbolt International for, among other things, violations of the California Consumer Leal Remedies Act, the California False Advertising Law, and the California Unfair Competition Act.nbsp; This action, filed in the United States District Court, Central District of California (Civil Action No. 12-1336), has been brought as a class action on behalf of all persons in the United States who purchased Cellucor's C-4 Extreme at any time during the four years prior to the filing of this lawsuit (the Class Period).
The complaint alleges that during the Class Period, Defendants engaged in an illegal and deceptive practice of promoting, marketing, distributing and/or selling C-4 Extreme as a natural dietary supplement when, in fact, C-4 Extreme contains a dangerous substance known by many names, including 1,3 Dimethylamylamine, 1,3 Dimethylhexaneamine HCl, 1,3 Dimethylhexaneamine, Methylhexaneamine, and Geranamine (known as DMAA).nbsp; Plaintiff alleges that Defendants failed to disclose that the DMAA contained in C-4 Extreme is wholly synthetic, manufactured and not derived from the geranium plant.
At the time Plaintiff and the class of consumers purchased and used C-4 Extreme, they were unaware that C-4 Extreme contained the synthetic and dangerous stimulant DMAA and that DMAA was not derived from the geranium plant or any other natural source.nbsp; Plaintiff alleges that the DMAA contained in C-4 Extreme is a synthetic product that is illegal and dangerous and has dangerous side effects.nbsp; The safety concerns associated with DMAA have been well-documented, including concerns that DMAA is a dangerous and addictive substance that can cause headache, nausea and stroke.nbsp; Experts have noted that DMAA has a chemical structure similar to amphetamines and ephedrine and can cause increases in heart rate and blood pressure and even death.
www.abbeyspanier.com |
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Indianapolis Business Litigation Law Firm - Riley Bennett Egloff, LLP
Law Firm News |
2012/02/21 10:02
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Whether they be fast-moving injunction proceedings or complex partnership disputes, clients bring their high-stakes business disputes to us.
span style=font-weight: boldContract Disputes/span
Contract disputes are perhaps the most common form of disputes in business litigation. Ideally, every contract would be in writing and well-drafted. However, not all contracts are in writing, and even those that are written may not be well-drafted, leaving some issues unclear or not addressed at all. Often contract disputes involve these and other complex factual and legal issues. That’s where our commercial litigation attorneys excel.
Riley Bennett amp; Egloff Law is an Indianapolis based a href=http://www.rbelaw.com/practice-areas/business-litigationBusiness Litigation Law Firm/a and has expertise in resolving hundreds of contract disputes through negotiation, mediation, and litigation. Whether your disputes are simple or complex, their experience consistently guides their approach to successfully help resolve the matter in the careful manner it deserves. Visit www.rbelaw.com for more information. |
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Israel top court takes Palestinian detainee appeal
Law Firm News |
2012/02/20 09:31
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Israel's Supreme Court has scheduled a hearing this week on the appeal of a Palestinian prisoner waging an unprecedented hunger strike that has stretched for more than two months, court officials and his lawyers said Monday.
Khader Adnan, a member of the Islamic Jihad militant group, is demanding he be released immediately. He has not been charged with a crime and does not know what he is suspected of doing.
The case of the 33-year-old Adnan has attracted widespread attention among Palestinians, with large crowds holding regular protests in his support.
The life-threatening gamble has also drawn broader attention toward Israel's policy of administrative detention, under which Palestinians can be held without charge for months, and even years, at a time.
Both the European Union and the United Nations have said they are following the case closely and urged Israel to give Adnan an open trial.
Adnan was arrested on Dec. 17 and later sentenced to four months of administrative detention. He launched the strike a day after his arrest, protesting his administrative detention and claiming he was beaten and humiliated in captivity. |
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