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HTMLFourth Circuit Holds that Experts Must Separate Opinions From Fact Testimony and Lay Adequate Foundation for Both
Carl J. Summers, Evan M. Tager; Mayer Brown LLP;
Legal Alert/Article
June 11, 2014, previously published on June 3, 2014
Increasingly, in a number of contexts, experts are playing the role traditionally filled by attorneys: reviewing and explaining the relevance of the evidence, integrating it into the party’s narrative, and mixing in opinions along the way. This has the potentially dangerous effect of placing...

 

HTMLSixth Circuit Slams the Door on Unreliable, Result-Oriented Expert Testimony in Disparate-Impact Case
Miriam R. Nemetz, Carl J. Summers, Evan M. Tager; Mayer Brown LLP;
Legal Alert/Article
April 21, 2014, previously published on April 17, 2014
Plaintiffs increasingly rely on questionable expert testimony to fill gaps in their proof, trusting that the imprimatur of an expert will overcome otherwise insuperable deficiencies in their cases. In employment cases, where dubious expert testimony frequently is offered to show disparate impact or...

 

HTMLEn Banc Ninth Circuit Adds Teeth to Daubert Gatekeeping Obligation
Carl J. Summers, Evan M. Tager; Mayer Brown LLP;
Legal Alert/Article
January 23, 2014, previously published on January 21, 2014
On January 15, the en banc US Court of Appeals for the Ninth Circuit issued a decision in Barabin v. AstenJohnson, Inc. that significantly strengthened and expanded the gatekeeper role of both trial and appellate courts in determining whether to admit expert testimony.

 

HTMLCalifornia Court of Appeal Rejects NLRB’s View that Federal Labor Law Prevents Use of Class Waivers in Employment Arbitration Provisions
Joseph P. Minta, John Nadolenco, Archis A. Parasharami, Kevin S. Ranlett, Evan M. Tager; Mayer Brown LLP;
Legal Alert/Article
July 25, 2012, previously published on July 24, 2012
Twice in as many months, the California state appellate courts have enforced an arbitration agreement requiring arbitration of wage-and-hour claims on an individual basis. The First District Court of Appeal’s decision in Nelsen v. Legacy Partners Residential, Inc., 2012 WL 2913809 (Cal. Ct....

 

HTMLNinth Circuit Strikes Down Class Action Settlement for Improper Cy Pres Award and Excessive Attorneys’ Fees
Archis A. Parasharami, Kevin S. Ranlett, Evan M. Tager; Mayer Brown LLP;
Legal Alert/Article
July 20, 2012, previously published on July 19, 2012
Courts have been reviewing class action settlements with increasingly close scrutiny, especially when the settlement involves cy pres awards donated to charity. The U.S. Court of Appeals for the Ninth Circuit recently struck down such a settlement in Dennis v. Kellogg Co., holding that the proposed...

 

HTMLUS Supreme Court To Resolve Important Class-Certification Issue in Comcast Corp. v. Behrend
Archis A. Parasharami, Andrew J. Pincus, Evan M. Tager; Mayer Brown LLP;
Legal Alert/Article
June 29, 2012, previously published on June 27, 2012
A critical and recurring issue in class-action litigation is the degree to which a district court must consider merits issues when deciding whether to certify a class under Rule 23 of the Federal Rules of Civil Procedure. Although in the past some courts had viewed merits questions as wholly...

 

HTMLFair Labor Standards Act—Effect of Offer of Judgment Before Conditional Certification
Dan Himmelfarb, Kevin S. Ranlett, Evan M. Tager, Andrew Tauber; Mayer Brown LLP;
Legal Alert/Article
June 29, 2012, previously published on June 27, 2012
Under Section 216(b) of the Fair Labor Standards Act of 1938 (“FLSA”), an employee may file a “collective action” against an employer “on behalf of himself * * * and other employees similarly situated.” 29 U.S.C. § 216(b). But the FLSA specifies that the...

 

Adobe PDFCalifornia Appellate Court Issues Major Decision on Enforceability of Arbitration Agreements in Employment Context
Donald M. Falk, Archis A. Parasharami, Andrew J. Pincus, Evan M. Tager; Mayer Brown LLP;
Legal Alert/Article
June 7, 2012, previously published on June 6, 2012
The California Court of Appeals has issued a decision in a putative class action that roundly rejects virtually every argument used by the California plaintiffs bar to circumvent the US Supreme Court’s decision in AT&T Mobility LLC v. Concepcion. The decision in Iskanian v. CLS Transportation...

 

HTMLEnforceability of Arbitration Agreement in Antitrust Context Sharply Divides Second Circuit
Archis A. Parasharami, Andrew J. Pincus, Evan M. Tager; Mayer Brown LLP;
Legal Alert/Article
June 5, 2012, previously published on May 30, 2012
Last Term, the US Supreme Court held in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), that the Federal Arbitration Act (FAA) prohibits states from conditioning enforceability of arbitration agreements on the availability of class-wide arbitration. In the wake of Concepcion, a two-judge...

 

Adobe PDFFederal Appeals Court Refuses To Enforce Agreement To Arbitrate Antitrust Claim On An Individual Basis
Archis A. Parasharami, Andrew J. Pincus, Kevin S. Ranlett, Evan M. Tager; Mayer Brown LLP;
Legal Alert/Article
February 16, 2012, previously published on February 10, 2012
On February 1, 2012, the U.S. Court of Appeals for the Second Circuit reaffirmed its earlier ruling refusing to enforce American Express’s arbitration provision on the ground that, in the court’s view, the plaintiffs had shown that it would be prohibitively expensive to arbitrate their...

 


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