Allison Dunn

April 27, 2023 | Connecticut Law Tribune

"In view of Radwan's emphasis on entrusting the jury with assessing the comparability of conduct and Feingold's endorsement of comparing permanent and probationary employees when the disparity in treatment is significant, I conclude that whether plaintiff and her comparators were similarly situated for purposes of establishing an inference of sex discrimination is best left to a jury to decide," Judge Robert N. Chatigny wrote.

By Allison Dunn

4 minute read

April 25, 2023 | Connecticut Law Tribune

A federal judge sided with the operator of a mobile grocery and merchandise-delivery app, finding that former delivery drivers pursuing a class action suit over unpaid and overtime wages are not exempt from arbitration under the Federal Arbitration Act.

By Allison Dunn

6 minute read

April 24, 2023 | Law.com

The three-judge appellate panel concluded that the lower court did not err in dismissing the case as a sanction for the discovery violations, nor was it egregious to award the defendants $295,500.83 in fees and costs, according to the Tenth Circuit's April 17 opinion.

By Allison Dunn

4 minute read

April 21, 2023 | Law.com

An appeal to the state Supreme Court is already pending.

By Allison Dunn

6 minute read

April 20, 2023 | Law.com

"Acknowledging he lacks direct evidence of discrimination, however, Mr. Waggoner contends, and we agree, the burden-shifting framework established by McDonnell Douglas Corp. v.( Green ... (1973), applies here," Judge Veronica S. Rossman wrote on behalf of the unanimous panel. "Under that framework, Mr. Waggoner first must establish a prima facie case of age discrimination ... The burden then shifts to Frito-Lay to proffer a legitimate, non discriminatory reason for failing to promote Mr. Waggoner to the Processing Manager position.

By Allison Dunn

4 minute read

April 17, 2023 | Law.com

The court also considered whether the attorney, who had previously been suspended for 18 months by the state high court, was still considered to be engaged in the practice of law based on her online presence and her firm's voicemail message—neither of which indicated that she was suspended or unauthorized to practice law.

By Allison Dunn

6 minute read

April 12, 2023 | Law.com

The West Virginia Supreme Court of Appeals has unanimously opted to suspend 15 attorneys from practicing law for allegedly failing to complete mandatory continuing legal education requirements.

By Allison Dunn

1 minute read

April 12, 2023 | Law.com

"Because the PCR court utilized a faulty analysis to conclude there was no merit to the speedy trial claim, it did not analyze counsel's strategy in failing to assert Winchester's right to a speedy trial at any stage of the proceedings," Associate Justice Catherine R. Connors wrote on behalf of the unanimous court.

By Allison Dunn

6 minute read

April 11, 2023 | Law.com

"Under the 'indirect purchaser rule,' first developed by the Supreme Court in the antitrust context, only a direct purchaser of goods has standing to assert a claim for violation of the antitrust laws," U.S. District Judge F. Dennis Saylor wrote. "Every circuit to have considered the issue has held that the rule also applies to civil RICO actions, and that indirect purchasers therefore do not have standing to assert RICO claims. The First Circuit has not yet addressed the question. While there may be practical and policy reasons to question the application of that rule in the health-insurance context, for the reasons that follow, this Court will follow the majority rule. It will therefore dismiss the civil RICO claims for failure to state a claim on that basis."

By Allison Dunn

6 minute read

April 10, 2023 | Law.com

"Very few organizations can commit the time and resources to litigating these cases for the long haul to ensure the outcome and that the First Amendment's respected and that the court does the proper analysis. It's been a long time," one of the pro bono attorneys on the case, Caesar D. Kalinowski IV, an associate at Davis Wright Tremaine, told Law.com.

By Allison Dunn

6 minute read