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|Ninth Circuit Concludes That Common Issues Do Not Predominate Where Retailer’s In-Store Signs and Oral Sales Statements Place Each Putative Class Member’s Exposure to Misleading Statements in Doubt|
Sascha Henry, John M. Landry; Sheppard, Mullin, Richter & Hampton LLP;
February 18, 2014, previously published on February 13, 2014In Berger v. Home Depot USA, Inc., Case No. 11-55592, 2014 U.S. App. LEXIS 2059 (9th Cir. Feb. 3, 2014), the Ninth Circuit Court of Appeals affirmed the denial of class certification based largely on evidence that the defendant’s point-of-sale signs and oral statements supplied allegedly...
|Colorado: Proposed Law Would Cast a Wide Web of Out-Of-State Retailer Sales Tax Nexus|
McDonald Hopkins LLC;
February 17, 2014, previously published on February 13, 2014A new bill (H.B. 1269) titled the Marketplace Fairness and Small Business Protection Act was introduced last week in the Colorado House of Representatives that may go one step further than your average “Amazon tax” or affiliate nexus law, including “transitory physical...
|Consumer Protection Alert|
Keller Heckman LLP;
February 12, 2014, previously published on February 03, 2014Responding to data breaches that have affected tens of millions of American consumers, adversely affecting consumer confidence, the Retail Industry Leaders Association (RILA) announced that it would launch the RILA Cybersecurity and Privacy Initiative, a public-private collaborative process aimed...
|Wage Deduction From Final Paycheck Narrowly Allowed by Ninth Circuit|
Ogletree Deakins Nash Smoak Stewart P.C.;
February 5, 2014, previously published on January 31, 2014Ward v. Costco Wholesale Corp., No. 11-56757 (January 9, 2014): In a recent unpublished decision, the Ninth Circuit Court of Appeals upheld a trial court’s decision that Costco Wholesale did not violate the Fair Labor Standards Act (FLSA) or the California Labor Code when it deducted the...
|Turkish Retail Sector Still Awaiting for a New Legislation|
Yaakov Ceki Bilmen; HERDEM Attorneys At Law;
February 5, 2014Astonishing growth of the Turkish economy, which had managed to reach an average growth rate slightly more than 5%, during the last ten years have created a dynamic retail sector especially by increasing the disposable income which stands at USD$ 7700 per capita.
|Slip and Fall at NorthPark Center Mall in Dallas|
Jeffrey H. Rasansky; Rasansky Law Firm;
January 20, 2014, previously published on January 17, 2014You may be eligible to some form of compensation if slipped, fell and hurt yourself at Northpark Mall. It all depends on the facts of your situation, and the nature of your injuries.
|Large Retailer Fined for Violating Australia’s Product Safety Laws|
Matthew Cohen, Matthew R. Howsare; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
January 15, 2014, previously published on January 2, 2014At the end of December, Dimmeys, a large Australian discount department store, was fined approximately $3 million dollars by an Australian court for violating Australia’s federal product safety laws for the fifth time. The retailer’s supplier, Starite Distributors, was fined $600,000,...
|Shopping Malls in Turkey and Retail Legislation|
Mert Ozkaya; HERDEM Attorneys At Law;
January 10, 2014, previously published on January 10, 2014Calling the shopping malls as a shining star would not be exaggerated and when we see the rise of the sector despite the financial worries and economic fluctuation in Turkey especially after December 17 which is the starting time of the bribery and corruption operation.
|Retail Sales of Marijuana Legal in Colorado, but Employers May Still Test, Fire Employees for Use|
Jackson Lewis P.C.;
January 6, 2014, previously published on January 2, 2014Effective January 1, 2014, state-licensed retail establishments are permitted to sell marijuana to the general public under Colorado’s “Amendment 64: The Regulate Marijuana Like Alcohol Act of 2012,” which on November 6, 2012, Colorado voters approved as an amendment to the state...
|Don't be a TARGET -- No Pun Intended|
McDonald Hopkins LLC;
January 3, 2014, previously published on December 23, 2013As you read this, you have most likely already cancelled one or more of your debit and/or credit cards if you recently shopped at a Target store. If you have, you are not alone. The Target breach, which affected 40 million credit card and debit card users, is the second largest credit card theft...