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|Judge Grants Class Certification in Title III ADA Parking Lot Slope Litigation|
Alisa N. Carr; Leech Tishman;
May 20, 2016, previously published on May 5, 2016All persons with qualified mobility disabilities, who were denied the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of any Cracker Barrel store location in the United States on the basis of disability because such persons encountered...
|Disclosure of Litigation Funding Agreements in Australian Class Actions|
John Emmerig, Michael Legg; Jones Day;
May 18, 2016, previously published on April 2016In Coffs Harbour City Council v Australia and New Zealand Banking Group Limited (trading as ANZ Investment Bank)  FCA 306, Justice Rares was required to rule on interlocutory applications for disclosure of the redacted portions of litigation funding agreements entered into by the applicants,...
|Religious Exemptions Protect School From Student’s Disability Discrimination Claim|
Caroline J. Berdzik, Melissa M. Ferrara; Goldberg Segalla LLP;
May 18, 2016, previously published on April 28, 2016Religious institutions may always face complex questions as to whether, and which, legal exemptions apply to them in various situations. But a recent case in New Jersey federal court shines a narrow sliver of light onto this murky issue — at least in terms of discrimination and retaliation...
|Supreme Court Explores Injury Requirement for Federal Statutory Standing|
Wilson G. Barmeyer, Thomas M. Byrne, Valerie Strong Sanders, Steuart H. Thomsen, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
May 17, 2016, previously published on May 16, 2016In a 6-2 opinion issued today, the Supreme Court vacated a Ninth Circuit holding that a plaintiff who alleges that his own federal statutory rights have been violated has alleged enough to establish Article III standing to sue. The Court remanded the long-pending Fair Credit Reporting Act case,...
|Florida Enhances, Clarifies Post-Judgment Collection Procedures|
Raquel (Rocky) A. Rodriguez; McDonald Hopkins LLC;
May 16, 2016, previously published on March 10, 2016Florida has amended chapter 56, Florida Statutes, updating some terms and revising the procedures involving enforcement of money judgments. The new provisions take effect July 1, 2016.
|Fourth DCA Issues Two Arbitration Opinions|
Christopher B. Hopkins; McDonald Hopkins LLC;
May 16, 2016, previously published on April 22, 2016The Fourth District Court of Appeal rendered two arbitration opinions on February 3, 2016:
|Ontario Superior Court Again Determines that the “New” Statutory Deductible Applies Retroactively in Motor Vehicle Tort Claims|
Matthew Gray; Borden Ladner Gervais LLP;
May 10, 2016, previously published on April 15, 2016The Ontario Superior Court has again determined that the statutory deductible, as enacted on August 1, 2015 by O. Reg. 221/15, applies retroactively to claims for non-pecuniary damages awarded in motor vehicle tort claims.
|Georgia Supreme Court Expands as its Jurisdiction Contracts|
Thomas M. Byrne; Sutherland Asbill & Brennan LLP;
May 5, 2016, previously published on May 4, 2016Somewhat obscured by the social-issue hubbub during the recently ended session of the Georgia General Assembly was the enactment of an historic expansion of the Georgia Supreme Court and a reallocation of not only its appellate jurisdiction but also that of the Georgia Court of Appeals.
|Trial Court Dismisses Georgia Patronage Capital Lawsuits|
Thomas M. Byrne, James A. Orr; Sutherland Asbill & Brennan LLP;
May 5, 2016, previously published on May 4, 2016On May 2, a trial court in DeKalb County, Georgia, dismissed two class action patronage capital lawsuits filed against Oglethorpe Power Corporation, Georgia Transmission Corporation (GTC) and certain distribution electric membership corporations. One lawsuit (Walker v. Oglethorpe Power Corp., et...
|Products Liability Plaintiffs Prevented From Seeking Recovery Against New GM Because the Bankruptcy Court Found Their Claims Were Not Assumed by New GM|
Jeanna Rickards Koski, Todd E. Phillips; Caplin & Drysdale, Chartered;
April 27, 2016, previously published on April 25, 2016On April 15, 2016, the Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) halted the attempt of plaintiffs who were injured in an accident involving a General Motors vehicle to seek recourse against General Motors LLC (“New GM”) in state court,...