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Category: Litigation

Ruling by Second Circuit Addresses Key WARN Act Trigger Term

In a relatively rare decision by a federal appellate court interpreting the Worker Adjustment and Retraining Notification Act (WARN Act), the U.S. Court of Appeals for the Second Circuit issued a ruling addressing whether an entity is an “operating unit” subject to WARN’s notice requirements. In Roberts v. Genting New York, LLC, the Second Circuit grappled with whether the Aqueduct Buffet, a...
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Category: FLSA

Sixth Circuit Rejects Two-Step Procedure for Certifying FLSA Class Claims

The U.S. Court of Appeals for the Sixth Circuit has rejected the often plaintiff-friendly conditional certification that many courts grant in allowing a collective action under the Fair Labor Standards Act to proceed. Instead, the court has adopted a standard that requires lead plaintiffs to first show a “strong likelihood” that other employees are similarly situated before allowing them to...
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Category: Government Contracts

Supreme Court Hones Standard for Establishing False Claims Act Liability

The U.S. Supreme Court has ruled that a company can be liable under the federal False Claims Act (FCA) for making a false claim against the government if the company knew or should have known that the claim was false, even if the claim was objectively reasonable. The decision is United States ex rel. Schutte v. SuperValu, Inc. (June 1,...

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