Page 7 - Fourth Circuits News Today

What right does the 2nd Amendment protect if not the fundamental right to defend yourself? NY State Rifle & Pistol Association along with the NRA plan to answer that question in court.

In Chamber of Commerce v. Bonta, the Ninth Circuit Court of Appeals overturned a decision in California Assembly Bill 51 AB 51.1 AB 51 prohibits employers from requiring applicants or employees—as a condition of employment under the FEHA or the California Labor Code.

The Ninth Circuit Court of Appeals addressed several issues related to a miscalculation of benefits provided by using an internet portal. The employer had hired a third-party...

SCOTUS Hears Case That Could Impact Sentencing For Many ‘Low-Level’ Crack Cocaine Offenders Time 2 hrs ago On Tuesday, the U.S. Supreme Court will hear Terry vs. United States, the last case of its term, which could determine whether people imprisoned for possessing small amounts of crack cocaine will be eligible for reduced sentences. A bipartisan coalition of Senators, attorneys general and advocacy groups have all weighed in, urging the highest court to extend relief to low level offe...

Eleventh Circuit Weighs In on Growing Administrative Feasibility Split An examination of the various circuit courts’ reasoning in considering administrative feasibility in determining the propriety of class certification under Rule 23. By Eric Hudson Pexels | Ekaterina Bolovtsova In February 2021, the Eleventh Circuit Court of Appeals contributed to a growing circuit split concerning the requirement of “administrative feasibility” in determining the propriety of class certificati...

To embed, copy and paste the code into your website or blog: A recent decision by the Ninth Circuit upholds the enforceability of forum-selection clauses in ERISA plans. The case, In re Becker v. United States Dist. Court, No. 20-72805, 2021 WL 1219745 (9th Cir. Apr. 1, 2021), is in line with evolving case law trending towards the enforceability of forum-selection clauses in ERISA plan documents. The Ninth Circuit joins the Sixth and Seventh Circuits in this regard, and district courts in othe...

To embed, copy and paste the code into your website or blog: On February 2, 2021, the Eleventh Circuit reversed the district court’s denial of class certification for failure to prove an administratively feasible method to identify absent class members. The Eleventh Circuit’s rejection of administrative feasibility as a prerequisite to certification under Federal Rule of Civil Procedure 23 has deepened a circuit split on the issue. In Cherry v. Dometic Corporation, the plaintiffs brought a...

Introduction When parties choose arbitration to resolve their IP disputes, there are certitudes to guide them on arbitration law and procedure, and how their case will be handled: the courts will help enforce their arbitration clause; an impartial tribunal will be selected to judge the case without a jury; and the final award will be widely enforceable in the signatory nations of the New York Convention. [2] But the details of what the particular procedure will be like are often not well known ...

Eleventh Circuit Rejects Administrative Feasibility Requirement: What Does the Future Hold for Ascertainability? The Class Action Chronicle, courts have struggled to define the ascertainability requirement that is implicit in Rule 23 of the Federal Rules of Civil Procedure. Several courts, including the U.S. Courts of Appeals for the First, Third and Fourth Circuits, have required proof of administrative feasibility — i.e., that the identification of class members will be a manageable proces...

To embed, copy and paste the code into your website or blog: Takeaway: Administrative feasibility is not a prerequisite for class certification in the Eleventh Circuit, although it remains a relevant consideration under Federal Rule of Civil Procedure 23(b)(3)’s manageability factor. Manageability challenges, however, rarely prevent certification. There is a deep circuit split on this issue, with the Third, First, and Fourth Circuits applying a heightened standard for ascertainability that re...