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MADISON, Wis. (Legal Newsline) – Small business leaders are welcoming the passage of a bill in Wisconsin that changes certain civil litigation rules likely to benefit contractors.
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WASHINGTON (Legal Newsline) – State attorneys general are united in championing a new cause – abolishing clauses that require sexual harassment claims to be heard in arbitration. But would it set a bad precedent for changing federal law while scoring political points for its supporters?
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WASHINGTON (Legal Newsline) - A two-hour hearing on frivolous lawsuits before a U.S. Senate committee may have lacked focus on pending legislation but did produce a few noteworthy moments - including Sen. Al Franken’s assertion that there are “bad actors” filing meritless lawsuits, though he is opposed to the reforms presented.
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The order, released in June, holds, among other things, that punitive damages awards are no longer deferred for cases placed on the trial calendar after the CMO’s effective date.
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WASHINGTON (Legal Newsline) – For the first time in years, small business advocates believe there is a chance Congress could approve imposing mandatory penalties on those who file frivolous lawsuits.
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Houston law firm Ogletree Deakins Nash Smoak & Steward PC, Lubbock firm Bustos Law Firm PC and El Paso firm Kemp Smith LLP are hoping to recover a maximum of $479,834.50 in fees, but said in their motion they also would accept $323,442.63 or $222,645, depending on the rate used by the Texas federal court.
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The persuader rule, or Persuader Advice Exemption Rule, was meant to effectively eliminate the “advice exemption” under the Labor-Management Reporting Disclosure Act, or LMRDA. Basically, LMRDA requires employers to report each time they engage a consultant to persuade employees on how to use their collective bargaining rights.
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LITTLE ROCK, Ark. (Legal Newsline) – Arkansas Attorney General Leslie Rutledge announced that her request to enjoin the U.S. Department of Labor’s Persuader Advice Exemption Rule was granted; the rule has now been blocked from moving forward nationwide.
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The new Persuader Advice Exemption Rule requires that employers and the consultants they hire file reports not only for direct persuader activities -- i.e. consultants talking to workers -- but also for indirect persuader activities -- consultants scripting what managers and supervisors say to workers.
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The Fraudulent Joinder Prevention Act, or H.R. 3624, shifts the burden from the defendant to the plaintiff and allows federal judges more discretion to remove those “innocent” local defendants.