Empowering Individual Plaintiffs
نویسندگان
چکیده
منابع مشابه
Mental illness in the workplace after Sutton v. United Air Lines.
Employees with mental illnesses have had difficulty obtaining relief under the Americans with Disabilities Act of 1990 (ADA), which was primarily intended by Congress to protect workers with physical impairments. An individual is "disabled" and thus shielded from discrimination by the ADA if she demonstrates (1) that she suffers from "a physical or mental impairment that substantially limits" a...
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HR managers are directly involved in downsizing a workforce, yet most are unfamiliar with the statistical computations plaintiffs refer to in discrimination cases against their organizations. Plaintiffs use these statistics and procedures to challenge the effect of personnel layoff decisions, either with individual or class-wide discrimination challenges. HR managers who understand how to group...
متن کاملAllocation Rules and the Stability of Mass Tort Class Actions
This paper studies the effects of allocation rules on the stability of mass tort class actions. I analyze a two-stage model in which a defendant faces multiple plaintiffs with heterogeneous damage claims. In stage 1, the plaintiffs play a noncooperative coalition formation game. In stage 2, the class action and any individual actions by opt-out plaintiffs are litigated or settled. I examine how...
متن کاملRecognizing Discrimination: Lessons from White Plaintiffs
The Supreme Court has developed a robust equal protection jurisprudence to recognize the rights of whites complaining of race conscious governmental activity. This was particularly reflected in the Court’s opinion in Parents Involved, where the Roberts Court radically repositioned the meaning of Brown v. Board of Education. That opinion all but guarantees that eventually Abigail Noel Fisher wil...
متن کاملConcepcion's Pro-Defendant Biasing of the Arbitration Process: The Class Counsel Solution
id=354100. 84. See Erichson, supra note 77, at 383-84, 388-89 (describing how competing attorneys form ad hoc arrangements to cooperatively prosecute common questions claims); Hay & Rosenberg, supra note 7, at 1380 n.8 (recognizing that in mass tort litigation, groups of plaintiffs' attorneys compete for market shares of claims); Peter H. Shuck, Mass Torts: An Institutional Evolutionist Perspec...
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تاریخ انتشار 2016