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The power-press exception to workers’ comp exclusive remedy

Brian S. Kabateck and Douglas Rochen November 17, 2015 Legislative efforts have specifically carved out a very narrow exception to the workers’ compensation exclusive remedy doctrine for civil damages against an employer where the employer has caused and/or prevented its employees from the safe operation of power presses without guards.

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Use of Criminal Convictions in Subsequent Civil Trials

Brian S. Kabateck and Shant A. Karnikian July/August 2015 A tortfeasor’s acts giving rise to a personal injury lawsuit may also be the basis for criminal charges. As a common example, a driver of a vehicle who hits a pedestrian may face both civil and criminal consequences, depending on the

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Ascertainability Relaxed: The New Wave Of Rulings

Law360, New York October 19, 2015 When ascertainability emerged as a new hurdle for plaintiffs attorneys in class certification in Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013), courts initially took a strict stance in their analysis. However, the tide is turning and the barrier that Carrera’s standard presented

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When Social Media Marketing and Ethics Rules Collide

The Recorder August 4, 2015 The prevalence of social media has transformed marketing and advertising practices in the legal world. Many attorneys find themselves in uncharted territory, trying to navigate the established rules of attorney ethics and professional responsibility with the modern methods of social media. With the pervasiveness of

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Cash That Class Action Check, No Matter How Small

Law360 July 21, 2015 While consumers sometimes balk at what they perceive as small individual payouts following a class action settlement, consumers — and more importantly, the media and public at large — often fail to realize that their place engaging with the class action settlement serves a vital role

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Filing Class Actions Against Wage-Dodging Trucking Cos.

Law360 June 29, 2015 For years, class actions have been filed on behalf of truck drivers against the trucking companies who employ and misclassify them as independent contractors when they are indeed employees. These trucking companies fail to provide meal breaks or rest periods to their truck drivers, deduct business

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