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HTMLNYCAL Court Consolidates Nine Cases Into Three Groups Based on Malcolm Factors and Common Questions of Law and Fact
Jason A. Botticelli, Joseph J. Welter; Goldberg Segalla LLP;
Legal Alert/Article
May 15, 2015, previously published on April 29, 2015
In this NYCAL case, the plaintiff brought a motion to consolidate nine asbestos actions for joint trial, claiming that there are common questions of law and fact. The court relied on the factors set forth in Malcolm v. National Gypsum Co., 995 F.2d 346, 350-351 (2d Cir. 1993): common worksite;...

 

HTMLQuestion of Fact Found Regarding if Asbestos Insulation Supplied by Company Was for Improvement of Real Property as Required Under Wisconsin Statute of Repose
Jason A. Botticelli, Joseph J. Welter; Goldberg Segalla LLP;
Legal Alert/Article
May 15, 2015, previously published on April 28, 2015
In this case, the plaintiff, Robin Sorenson, filed strict product liability and negligence claims on behalf of herself and the estate of the decedent who worked as an insulator from 1955 to 1997 and died of lung cancer in 2009. One of the defendants, Building Services Industrial Sales, Inc. (BSIS),...

 

HTMLDOJ and CPSC File Rare Civil Penalty Lawsuit Against Retailer Alleging Misrepresentation of Status and Late Reporting 
Aaron J. Aisen, Cheryl A. Possenti, Paul C. Steck; Goldberg Segalla LLP;
Legal Alert/Article
May 14, 2015, previously published on May 5, 2015
In a rare move, the U.S. Department of Justice (DOJ) and Consumer Product Safety Commission (CPSC) have filed a lawsuit seeking civil penalties against Michaels Stores Inc., and its subsidiary, Michaels Stores Procurement Co. Inc., one of the largest arts and crafts retailers in the United States....

 

HTMLNew York City Employers Beware: Job Applicants Could Be Discrimination "Testers
Caroline J. Berdzik, Michael S. Katzen; Goldberg Segalla LLP;
Legal Alert/Article
May 14, 2015, previously published on May 4, 2015
New York City Mayor Bill De Blasio recently signed legislation establishing a year-long employment discrimination testing program in New York City to begin on or before October 1, 2015. The new law requires the NYC Commission on Human Rights to utilize a process called “matched-pair...

 

HTMLNew Gender Identity and Sexual Orientation Workplace Rights Now in Effect
Caroline J. Berdzik, David E. Leach; Goldberg Segalla LLP;
Legal Alert/Article
May 7, 2015, previously published on April 20, 2015
With President Obama’s Executive Order 13672 now in full effect, federal contractors and subcontractors are prohibited from discriminating on the basis of sexual orientation and gender identity. The order highlights the importance for all employers — especially those companies that...

 

HTMLSupreme Court Clarifies EEOC Conciliation Process
Caroline J. Berdzik, Dove A. E. Burns, Timothy M. Gondek; Goldberg Segalla LLP;
Legal Alert/Article
May 4, 2015, previously published on April 30, 2015
On April 29, 2015, the U.S. Supreme Court ruled that courts have the authority to review whether the Equal Employment Opportunity Commission (EEOC) has fulfilled its statutory obligation to pursue pre-suit conciliation. The Supreme Court’s decision resolves a split that existed between the...

 

HTMLEEOC Issues Proposed Regulations on ADA Application to Employer Wellness Programs
Caroline J. Berdzik, Jennifer M. Mannion; Goldberg Segalla LLP;
Legal Alert/Article
April 29, 2015, previously published on April 17, 2015
On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) issued its highly anticipated proposed regulations amending how Title I of the Americans with Disabilities Act (ADA) applies to the increasingly popular employer wellness programs. The proposed rule is designed to provide...

 

HTMLNY AG Calls Out Use of On-Call Shifts in Retail Industry
Caroline J. Berdzik, Michael S. Katzen; Goldberg Segalla LLP;
Legal Alert/Article
April 29, 2015, previously published on April 15, 2015
On April 10, 2015, the New York State Office of the Attorney General Eric T. Schneiderman sent letters to 13 major national retailers, requesting detailed information concerning the companies’ New York staffing and scheduling policies and practices.

 

HTMLNon-Union Employers Must Beware the NLRB
Sean P. Beiter, Caroline J. Berdzik; Goldberg Segalla LLP;
Legal Alert/Article
April 24, 2015, previously published on April 8, 2015
For close to 75 years, non-union employers have had little reason to fear, let alone think about, the National Labor Relations Board, except until a union initiated an attempt to organize its employees. However, as evidenced by the March 18, 2015 Report of the General Counsel Concerning Employer...

 

HTMLFirst Impressions Are Lasting: New Defense Available in Delaware for Auditors and Other Third Parties in Corporate Misconduct Claims
Seth L. Laver, Jonathan S. Ziss; Goldberg Segalla LLP;
Legal Alert/Article
April 17, 2015, previously published on March 2015
In a case of first impression before the Delaware Chancery Court, the defense of in pari delicto was applied in favor of an auditor to defeat claims brought by the receiver of several insolvent insurance entities. This decision sets important and favorable precedent for the defense of accounting...

 


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