The Law is Like a Box of Chocolates: Federal Judge Allows False Advertising Suit Against Hershey’s to Move Past the Pleading Stage Because ‘Reasonable Consumer’ Determination More Appropriate for Summary Judgment If a box of chocolates is sold with the box half empty, has the chocolate company violated false advertising laws? It all comes down […]
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Private settlements framed as hybrid settlements of class action claims and PAGA claims helped recalibrate the incentives for employers and employees to comply with the Labor Code. Settlements tend to be allocated mostly to non-PAGA claims such that the worker keeps one hundred percent (100%) of that portion with a small amount allocated to PAGA […]
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The prominent role of class actions in the U.S. legal system is far from certain after a pair of recent opinions by the U.S. Supreme Court. In 2011, these two U.S. Supreme Court rulings all but eviscerated the class action tool—Wal-Mart v. Dukes, 564 U.S. 338 (2011) and AT&T Mobility LLC v. Concepcion, 131 S. Ct. […]
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An upcoming U.S. Supreme Court decision could end the era of PAGA claims, which refers to claims for the civil penalties set forth by the California Private Attorneys General Act of 2004 or “PAGA.” Although PAGA became effective in 2004, its widespread use began in or around 2011, when a pair of U.S. Supreme Court […]
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Americans have grown accustomed to Fox News’ reputation for airing scandalous news, but lately it has been the subject of scandalous news as often as it is reporting it. The wave of discrimination lawsuits against Fox News continues to grow, with several new lawsuits filed on May 22, 2017. At some point soon, the phrase […]
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