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  Supreme Court Ruling May Help Employers Find a More Level Playing Field in Litigation.Jackson Lewis LLP - March 03, 2010 A U.S. Supreme Court decision may make it easier for corporate employers to avoid defending wage and hour, employment and other lawsuits in state courts, which are “home” forums to their adversaries and often are seen as favorable to plaintiffs. Report Link In Hertz v. Friend, the U.S. Supreme Court Clarifies the Path to Federal Courts.Littler Mendelson, P.C. - March 02, 2010 By its unanimous decision in Hertz v. Friend,1 the U.S. Supreme Court has made it more likely that a company sued in state court in a state other than where its headquarters and center of direction, control, and coordination are located, will be able to remove the case from state to federal court in that jurisdiction. Report Link Supreme Court Clarifies When Employers Can Remove A Lawsuit From State To Federal Court.Fisher & Phillips, LLP - February 24, 2010 On February 23, 2010 the U.S. Supreme Court handed down a ruling clarifying when employers can remove a lawsuit from state court and have it heard in the friendlier forum of federal court. The ruling deals with what is called "diversity jurisdiction" and is seen as highly favorable for employers, particularly large employers conducting business in multiple states, because it will make it easier for companies to know when they will likely be able to avoid the jurisdiction of plaintiff-friendly state courts. Report Link Defendant May Not Remove A State Administrative Agency Proceeding To Federal Court.Ballard Rosenberg Golper & Savitt - May 14, 2002 The Ninth Circuit held that employers facing a state administrative agency proceeding cannot remove (i.e., transfer) the case to federal court.
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March 24, 2010 Fisher & Phillips |
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