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Clearing The Bar: SDNY Reminds Litigants Of High Standard For Imposing Sanctions Under Rule 37(e)(2) - Litigation, Mediation & Arbitration
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5 and
even The World Health Organization,
6 it seems that no one is beyond of
the reach of the class action, especially in the wake of the
coronavirus pandemic. But have the plaintiffs in these cases
suffered a bona fide injury caused by the defendants
conduct?
Many contemporary class actions exhibit features of what one
legal scholar of past mass tort waves dubbed the entrepreneurial model
7 of lawyer-driven litigation. This
article examines those features and the problems they present, and
discusses how they can be leveraged in the defense of class
actions-from standing to certification to merits.
Background: The Entrepreneurial Model of Mass
“
-William Shakespeare, The Tempest, Act 2, Scene 1.
The meteoric rise in class actions over the past decade has been well-documented. Nowadays even mac & cheese is under attack, with two proposed nationwide class actions filed this month alone claiming labels such as “The Taste You Love”[1] and “Made with Goodness!”[2] are false and misleading.
Hair care products are also in the crosshairs. This month a plaintiff and her lawyers filed their second class action in a year alleging beauty companies falsely advertised their shampoo as “natural.”[3]
From consumer product companies to banks,[4] universities[5] and even The World Health Organization,[6] it seems that no one is beyond of the reach of the class action, especially in the wake of the coronavirus pandemic. But have the plaintiffs in these cases suffered a bona fide injury caused by the defendants’ conduct?
Ohio Governor Mike DeWine has signed the
Employment Law Uniformity Act into law. The Act will go into effect April 12, 2021, and applies to all future discrimination claims filed on or after that date.
The new Act, which has long been sought by the Ohio Chamber of Commerce, affects Ohio employers by amending the procedure surrounding employment discrimination claims in the state as follows:
The Act shortens the statute of limitations for workplace discrimination claims from six years to two years. The six-year limitation had been among the longest in the United States.
Employees can no longer sue their employers directly in court based on alleged discriminatory practices before exhausting administrative remedies first by filing a charge with the Ohio Civil Rights Commission (OCRC). This new process will allow the OCRC to consolidate charges of the same alleged violation, relieving employers from defending the same claims in multiple venues.
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