The New Jersey Appellate Division has issued a landmark ruling clarifying the scope of the federal Ending Forced Arbitration of Sexual Assault and Harassment Act of 2021 (EFAA), finding that if a lawsuit involves a viable sexual harassment claim, the EFAA renders pre-dispute arbitration agreements unenforceable for the *entire case*,…
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PAGA Showdown: Court Says Arbitration Waiver Doesn’t Automatically Split Employee Claims
The California Court of Appeal has weighed in on a complex battle over arbitration agreements and employee rights under the Private Attorneys General Act (PAGA), concluding that a former Marshalls employee did not agree to arbitrate the “individual component” of his wage-and-hour claims. The ruling hinges on a close reading…
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Chairs Fall, Benefits Denied: Employee Loses Appeal Over Permanent Disability Payouts
The Tennessee Workers’ Compensation Appeals Board has affirmed a trial court’s decision denying permanent disability benefits to an employee injured after a stack of chairs fell on her at work, while simultaneously confirming the employer must continue to pay for future necessary medical care. The case, brought by Saeeda Johnson…
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Guardianship Limits: Court Says Person Guardian Can’t Force Arbitration
The appellate court has sided with a nursing home resident, ruling that his guardian of the person lacked the legal authority to sign a binding arbitration agreement on his behalf, thereby allowing the underlying lawsuit for alleged injuries to proceed in court. This decision by the Ninth Judicial District Court…
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Justice Fails to See Eye-to-Eye on Delay Damages: Mandatory Rule Ignored, Dissent Argues
A recent decision from the Pennsylvania Superior Court has sparked a sharp disagreement among the judges regarding the application of mandatory procedural rules, specifically concerning the awarding of delay damages. In a dissenting opinion filed in the case of *Arreguin v. Kensing*, Judge Sullivan forcefully criticized the majority’s decision, arguing…
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Mortgage Servicer’s Foreclosure Threat Tossed Back to Lower Court Over “Assignment” Status
The Seventh Circuit Court of Appeals has sent a mortgage dispute back to the district court, ruling that the lower court improperly dismissed a homeowner’s lawsuit against her loan servicer based on an unproven assertion that the servicer was an “assignee” of the original lender. The case centers on Ramona…
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Amazon’s Virtual Try-On Ruled Sufficient for BIPA Class Action Certification
The Seventh Circuit Court of Appeals has upheld a lower court’s decision to certify a class action lawsuit against Amazon, stemming from allegations that the company’s Virtual Try-On (VTO) feature violated the Illinois Biometric Information Privacy Act (BIPA). The appellate court found that the common legal and factual questions surrounding…
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Court Reversal: Age and Sex Bias Case Against University Sent Back to Trial Court
The Intermediate Court of Appeals of Hawai‘i has overturned a lower court’s decision to grant summary judgment in favor of Hawai‘i Pacific University (HPU) in a lawsuit brought by former employee Pamela Joyce Lough, who alleged she was fired due to her age (58) and sex. The appellate court found…
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Eleventh Circuit Issues Cryptic Ruling in Unnamed Case
The United States Court of Appeals for the Eleventh Circuit recently issued a court opinion, though the details surrounding the specific case, the parties involved, and the substance of the ruling remain entirely opaque based on the document provided. The filing, designated as USCA11 Case: 25-10646, was officially recorded on…
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Federal Court Oversteps in Forcing Case Back to State Court Over Citizenship Details
A federal appeals court has stepped in to correct a lower court’s handling of a removal case, ruling that the district court went beyond its authority when it sent a lawsuit back to state court solely because the defendant failed to properly allege the citizenship of all parties. The case…