United States: Ninth Circuit Affirms Use Of "Reasonable Assumptions" In Calculating Amount In Controversy Under CAFA

On January 7, the United States Court of Appeals for the Ninth Circuit reversed and remanded the district court’s decision to grant a plaintiff’s motion to remand and kept a putative employment class action against trucking company Knight Transportation Inc. in federal court. In so doing, the Ninth Circuit held that defendants trying to establish an amount-in-controversy under the Class Action Fairness Act must only use “reasonable assumptions” to establish the requisite jurisdictional amount-in-controversy.

A […]

By | January 29th, 2015 ||

United States: Your Retirement Date: Expectation vs. Reality

Spy Game (2001) is all about retirement: Nathan Muir’s last day at work at the CIA. Muir (Robert Redford) has a protege, Bishop (Brad Pitt), who’s been thrown into a very unpleasant prison in coastal China.

Muir calls his broker and tells him to sell all of his assets, raising $282,000 to bribe a Chinese official to cut off the electricity to the prison for 30 minutes, during which time Muir calls in a team of […]

By | January 29th, 2015 ||

United States: Genesis Healthcare Hit With Background Check Class Action On Theory That Adverse Action Occurs When Consumer Reporting Agency Provides Background Check Review Services

On January 7, 2015, Genesis Healthcare became one of the most recent companies to face a class action lawsuit under the FCRA based on its background check practices.  This lawsuit should serve as a reminder to companies to verify that their procedures for obtaining and using background checks comply with the FCRA’s disclosure and adverse action requirements.

According to the complaint, Genesis Healthcare obtains background check reports from a consumer reporting agency, which are used […]

By | January 28th, 2015 ||