Business Recovers Millions in Fees, Expenses, and Costs After Claims by EEOC Found to be "Frivolous"
December 11, 2019
by Devin R. Bates
A district court awarded nearly $4.7 million in fees, expenses, and costs to a trucking business after the court found Title VII claims brought by the Equal Employment Opportunity Commission (“EEOC”) to be “frivolous, unreasonable and/or groundless.” Title VII permits courts to exercise discretion…
I-630 Widening/National Environmental Policy Act: Eighth Circuit Court of Appeals Addresses U.S. District Court Decision Denying Motion for TRO
The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in a December 6th opinion an appeal from a United States Court of the Eastern District of Arkansas (“District Court”) decision that denied a request for a temporary restraining order (“TRO”) for an alleged…
Skilled Lawyering Saves Defendant from Default Judgment in Products Liability Lawsuit
In a products liability lawsuit against the manufacturer and seller, a plaintiff asserted claims of strict products liability, breach of warranty, negligence, gross negligence, and consumer fraud. One defendant filed a successful motion to dismiss for failure to state a claim and was dismissed from…
State Hospital Association Fights Changes to Medicaid DSH Payment Rules
For hospitals that “serve a disproportionate number of indigent patients” Medicaid allows for supplemental payments to help ensure their financial viability. The calculation of those supplemental payments recently became the subject of litigation brought by a state hospital association, culminating…
Business Defeats Certification of Nationwide Class Action in Eighth Circuit Appeal
In a nationwide class action lawsuit alleging deceptive trade practices for advertising of a product, a lower court had certified a class and uniformly applied only the forum state’s law to all class members’ claims. Part of the problem was that those claims had been consolidated in this…