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federal court decisions Tagged Articles



Illegal Workers Protected by FLSA
Summary of a recent court decision that confirms illegal workers are protected by overtime provisions.

Other federal court decisions Related Articles

Consultancy company penalised for AWA duress
The Federal Magistrates Court has found an IR consultancy company jointly liable with an employer for applying duress to an employee in relation to an AWA.

Bye Bye Business Method Patents
While it's not over yet as the Supreme Court might weight in, the Federal Court Kills Patents on Business Methods. I haven't read things carefully yet (I'll leave that for the bathroom this weekend) but from the quick analysis I've read (In re Bilski: Patentable Process Must Either (1) be Tied to a particular machine or (2) Transform a Particular Article) it looks like it is a strong, unambiguous decision in the good fight to eliminate ridiculous patents.
Etiquette in TV Court
It has come to my attention that people, particularly young people, have no clue as to how to act in a court of law, even if it is on TV. So in an effort to help people stop making a fool of themselves in TV court or any court, I have developed some guidelines.

Getting Clarity in Decision Making
Good decision making is important for effective leadership and career success. Good decisions, made in a timely manner can make all the difference to your success. Poor decisions court failure, affecting your status and leadership of your own life. Bradley Foster takes your through a couple tools that will help you get clarity even in the midst of some of the most difficult decisions.

Supreme Court Ruling May Lead To More Unionization
The recent U.S. Supreme Court ruling that labor unions and corporations are permitted to spend as much as they want on their own campaign ads to support or oppose federal political candidates will have a significant impact on employers who face union interference with their workforce.

Federal Communications Commission’s Broadband Plan
The court’s decision to overturn the Federal Communications Commission’s sanctioning of Comcast’s management of its Internet traffic for lack of mandate is a major blow to the agency’s net neutrality efforts, but the FCC is plodding ahead with the plan.

Violation of the California and Illinois Franchise Laws by a Franchisor
This article explains how a franchisee who files a federal court action alleging violations of California and Illinois franchise laws should respond to a franchisor’s motion for summary judgment.

Implications of the Federal Antitrust Laws On Franchising
This article explains how a franchisee who files a federal court action alleging violations of federal antitrust laws should respond to a franchisor’s motion for summary judgment.
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.
Can a Choice of Forum Clause Force a Franchisee to Litigate In the Franchisor’s Home State?
A franchisee who has a grievance against his franchisor is not likely to want to pursue litigation in a distant forum, and thus may turn to a state court in his home state. The franchisor typically removes the case to federal court, 1 and then, invoking the forum selection clause in the typical franchise agreement, seeks to transfer the case to the federal court in the franchisor’s home state.
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