Searching Content indexed under Trials & Appeals & Compensation by Donald Falk ordered by Published Date Descending.
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California Supreme Court Holds That Federal Organic Food Labeling Regime Does Not Preempt Claims of "Intentional" Mislabeling
What's the difference between claiming that a food product is improperly certified as organic and claiming that the producer was properly certified but the product isn't really organic?
United States
11 Dec 2015
US Supreme Court Hands Lenders A Victory On Underwater Mortgages
The US Supreme Court has unanimously held that a debtor cannot void a wholly underwater second mortgage in Chapter 7 bankruptcy proceedings.
United States
17 Jun 2015
Yes, you really did settle all your claims when you said you did: Ninth Circuit dismisses appeal of class certification denial by plaintiff who accepted Rule 68 offer
A plaintiff hopes to represent a class to pursue two sets of wage-and-hour claims but runs into headwinds in the district court.
United States
18 Nov 2014
Despite Wal-Mart Stores V. Dukes, Ninth Circuit Approves Statistical Sampling To Prove That An "Unofficial" Common Policy Exists
There seem to be two prevailing conceptions of class actions. In one view, a class action is a way of determining many similar claims at once.
United States
16 Sep 2014
Fourth Circuit Puts Teeth Into Ascertainability, Commonality, And Predominance Requirements For Class Certification
Can a court certify a class of persons with allegedly similar injuries by pigeonholing the question of class membership as a question of damages to be determined later?
United States
15 Sep 2014
Another California Court Does Backflips to Thwart Arbitration and Elevate The Class-Action Device
The hostility of some California courts to arbitration—and their resistance to preemption under the Federal Arbitration Act (FAA)—has produced nearly three decades of U.S. Supreme Court reversals.
United States
16 Apr 2014
First Amendment Case Cites Mayer Brown White Paper 12 Times
A recent development illustrates again the significant impact that Mayer Brown’s thought leadership has on critical legal issues.
United States
11 Apr 2014
California Court of Appeal Harmonizes State and Federal Pleading Requirements for Summary Judgment
On March 20, 2009, the California Court of Appeal for the Fourth Appellate District harmonized state and federal securities jurisprudence, signaling that summary judgment now may be as available in state-law derivative actions as it is in federal securities lawsuits.
United States
10 Apr 2009
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