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Expansion of Employee Retaliation Protection
Actions that employers should take in response to the Supreme Court's expansion of employee retaliation protection provided by Title VII.

Defeating a Motion to Dismiss a Franchise Case in Federal Court
A motion to dismiss a complaint in federal court is a relatively inexpensive method to terminate litigation against a defendant. It has the advantage of not revealing the strategy of the defendant’s case while putting the plaintiff in the position of losing his case at the very beginning of litigation. If the defendant loses his motion to dismiss the complaint, he has lost virtually nothing, while the loss of the motion by the plaintiff is devastating. While a motion to dismiss the case can be appealed, the better course of action is to prevail at the district court level. Therefore, a plaintiff must make all possible efforts to defeat this motion.

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Playing the Media Card
In the course of any litigation, often what happens in the "Court of Public Opinion" is more of a determining factor in the ultimate outcome of the dispute than what takes place in the courtoom. What is seen, heard or read in the media can create an atmosphere and public perception that could influence a jury and it can also expose or put pressure on a defendant to force him to settle the dispute to avoid the glare of public exposure.

Is the U.S. Government or a competitor in charge of the Congressional hearings involving Toyota
Today's Business Thought Leaders segment with author and industry expert Bill Michels was incredible. Of the several noteworthy observations Michels provided, his revelation that the current Congressional hearings regarding the Toyota recall has the Japanese manufacturer actually giving testimony before a competitor raises a number of red flags. The moment that the U.S. Government became a majority owner of General Motors through its $30 billion “investment,” hearings such as the one involving Toyota are no longer arms length. In short, if a conflict arose in a judicial hearing where the judge and the defendant had a similar-type relationship to the one between the U.S. Government and Toyota, the judge would have to step down in the interests of justice.

Defeating a Motion to Dismiss a Franchise Case in Federal Court
A motion to dismiss a complaint in federal court is a relatively inexpensive method to terminate litigation against a defendant. It has the advantage of not revealing the strategy of the defendant’s case while putting the plaintiff in the position of losing his case at the very beginning of litigation. If the defendant loses his motion to dismiss the complaint, he has lost virtually nothing, while the loss of the motion by the plaintiff is devastating. While a motion to dismiss the case can be appealed, the better course of action is to prevail at the district court level. Therefore, a plaintiff must make all possible efforts to defeat this motion.

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