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The recent decided case of
Duplessis Buick-GMC Truck,
Inc. v. Chauncey offers Louisiana employers a powerful
cause of action against highly trusted former employees for breach
of fiduciary duty one that is akin to an action to enforce
noncompete agreements or trade secret laws but without statutory
constraints.
Fiduciary duty is the highest duty known to the law. In
Louisiana, employees ordinarily have a duty of loyalty to their
current or former employers, but they do not have a fiduciary duty
to their employers. Certain relationships, however, impose
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This week, we take a look at one decision considering when
California law requires application of California s statute of
limitations, and another reiterating the strict standard for
pleading scienter in a securities fraud case.
The Court holds that under California choice-of-law
principles, California s statute of limitations applies when a
state resident is sued in California and the conflicting
out-of-state law is not intended to protect plaintiffs.
Panel: Judges Wardlaw, Bea, and
Caine, Jr. (W.D. La.), with Judge Bea writing the opinion.
Key highlight: Both
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The United States District Court for the District of Delaware
recently issued a Jury Trial Notice on April 5, 2021,
stating that jury trials will resume, subject to the discretion of
each individual judge as to whether and when any particular case
will proceed to trial.
Previously, on February 5th, the Chief District Court Judge
issued a Standing Order RE: Criminal and Civil Jury Trial
Suspension, which cancelled all jury trials for two months, in
light of the continuing impact of the COVID-19 pandemic.
Citing current conditions and after consultation with the
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Shortly after the state of California filed a lawsuit against Amazon alleging
deceptive prices, Amazon agreed to pay $2 million in penalties and
restitution.
Under the stipulated judgment, Amazon is restrained from
using an advertised reference price based on a formula, algorithm,
or other method that produces misleading or false results until
April 1, 2024. Amazon cannot advertise a reference price unless it
provides:
(1) a clear and conspicuous hyperlink to a clear and exact
definition of the term; and,
(2) the definition includes a statement that the reference price
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On April 1, 2021, in a unanimous decision, the Supreme Court
ruled that the definition of an automatic telephone dialing system
( ATDS ) under the TCPA is limited by the plain grammar
of the statute itself. The Court, in a decision authored by Justice
Sotomayor, held that a device must have the capacity
to
use a random or sequential
number generator in either storing or producing a telephone number,
to qualify as an ATDS under the TCPA.
Facebook, Inc. v.
Duguid
et al., Case No. 19-511 (2021).
Our preview of the Supreme Court s consideration