New Standard For Notice In FLSA Collective Actions: Clark V. A&L Homecare And Training Center

The Sixth Circuit has announced new standards for collective action lawsuits under the FLSA in Clark v. A&L Homecare and Training Center. There are already many good summaries of this decision around the legal internet, so this recap will be short. The question is how to determine whether other potential plaintiffs are “similarly situated” so that the district court should issue a formal notice to those potential plaintiffs about the claims. Though this notice does […]

By | June 12th, 2023 ||

Navigating The New Texas Business Court

The Texas Legislature has created a new court handling complex commercial disputes in the Lone Star State.

The Texas business court has jurisdiction in two main categories of cases. First, the new court has jurisdiction in certain actions where the amount in controversy is over $5 million or a publicly traded company is involved. These actions include: derivative proceedings, actions regarding a business’s governance and internal affairs, actions asserting a securities or trade regulation claim against a […]

By | June 10th, 2023 ||

Sheehan And Arline Obtain Motion To Dismiss With Prejudice In Wrongful Death Suit

Noelle Sheehan (Partner-Orlando) and Kathy Arline (Associate-Orlando) obtained a dismissal with prejudice from the Fifth Judicial Circuit, Sumter County, FL, in a wrongful death lawsuit against Wilson Elser’s clients, an assisted living facility (ALF), its administrator, and the facility’s operations, management and ownership entities. The 60-page complaint alleges wrongful death, breach of fiduciary duty, and aiding and abetting the breach of fiduciary duty involving an ALF resident allegedly injured and ultimately succumbing to her […]

By | June 8th, 2023 ||