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United States: Supreme Court: Certification Requires Class-Wide Proof Of Damages - Proskauer Rose LLP

The dissent in today’s Supreme Court decision on class certification, Comcast Corp. v. Behrends ( PDF copy here), argues that "the decision should not be read to require, as a prerequisite to certification, that damages attributable to a classwide injury be measurable on a class-wide basis."        

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Found 1 month ago on channel Mondaq

United States: How Much "Competition", If Any, Is Required To Establish Standing In Lanham Act False Advertising Cases—The Supreme Court May Be Interested In Resolving The Three-Way Circuit Split - Proskauer Rose LLP

A discussion on one area of Lanham Act jurisprudence, where the federal appellate courts do not see eye-to-eye concerns who has standing to sue under the Lanham Act's false advertising prong.

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Found 1 month ago on channel Mondaq

United States: California Supreme Court Expands Fraud Exception To The Parol Evidence Rule, Eliminating Significant Barrier To Claims Of Promissory Fraud Against Insurers - Proskauer Rose LLP

Last month, the California Supreme Court overruled longstanding precedent and restored to full force the fraud exception to California's parol evidence rule.

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Found more than 1 month ago on channel Mondaq

United States: California Supreme Court Rules On Mixed Motive Defense To Discrimination Claims, But Large Verdicts Persist… - Proskauer Rose LLP

Wynona Harris, a bus driver for the City of Santa Monica (the City), alleged that she was fired because of her pregnancy.

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Found more than 1 month ago on channel Mondaq

United States: Supreme Court Asked To Decide If Retaliation Claims Require New Administrative Charge - Proskauer Rose LLP

On January 8, 2013, the U.S. Supreme Court was petitioned to rule on whether employees must file a new or amended charge to pursue an employment retaliation claim arising from an initial Title VII discrimination charge.

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Found more than 1 month ago on channel Mondaq