By Mani Dabiri | Published June 1, 2018 | Posted in Civil Business Litigation and Investigations, Post-Conviction Defense and Appeals, White-Collar and Regulatory Defense | Tagged Tags: ADR, arbitration, businessandcommerce, classactions, jurisdiction, laborandemployment, PAGA, whistleblowers |
Make PAGA Great Again
Say what? PAGA refers to a California law that allows employees to sue their employer for labor-code violations on behalf of all fellow employees. It means one person can sue for all violations an employer has committed, even if they only affected other people, as long as at least one affected him or her personally. It’s Read More
Read MoreSCOTUS Curbs Employment Class Actions
On Monday, the U.S. Supreme Court ruled that employers may use arbitration agreements to make employees waive their right to sue as a class. The case pitted two federal laws against each other. On one hand, the Federal Arbitration Act tells courts to enforce arbitration agreements. On the other hand, the National Labor Relations Act gives Read More
Read MoreGame On, Sports Gambling
No, the U.S. Supreme Court didn’t just legalize sports betting this week. But it did pave the way for your state to legalize it if it wants to. Before Monday, a federal law from 1992 barred any state from doing that. The only exceptions were Nevada, Oregon, Delaware, and Montana because their laws were grandfathered Read More
Read MoreThe Microsoft-Ireland Case is Moot
We covered this before here and here. But the high-profile case of United States v. Microsoft Corporation is now over. The question was whether the government could force Microsoft to turn over data that it stored on servers in other countries. The problem was that federal law didn’t allow the government to do that, or at least Read More
Read MoreThe End of Absolute Immunity for Prosecutors
Another outstanding feature by The Marshall Project. It’s written by a senior federal trial judge in New York. For 23 years, he’s sentenced the likes of murderers, rapists, gangsters, and fraudsters—some to prison for the rest of their lives. But he says it’s time to put an end to absolute immunity for prosecutors. Absolute immunity is what Read More
Read MoreWhen You Walk a Mile in Their Shoes
You may never serve on a jury, but suppose you did. How would you feel—how would any of us feel—if we voted to convict someone innocent? This person knows. In 2009, she voted to convict a 17-year-old boy for murder based on the testimony of one eyewitness. The witness and victim were friends, and they were Read More
Read MoreJudge Regrets Sentencing Teen to Life Without Parole
Speaking of harsh penalties, how’s 241 years in prison for a 16-year-old boy? Well, it happened to this boy twenty years ago. The judge who sentenced him told him he’d die in prison. She told him he wouldn’t even be eligible for parole until 2091, when no one he knew would be alive, anyway. One can Read More
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