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National Law Journal Online: Top Headlines May 20, 2009

By David Badertscher, PLL

Source: NJL.com, May 20, 2009

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Plaintiffs lawyers predict broad impact of high court's detainee decision

Tony Mauro

:A U.S. Supreme Court ruling on Monday could make it significantly harder for plaintiffs in a broad range of cases to survive defendants' motions to dismiss, according to experts in civil procedure. 'This is very bad for plaintiffs,' said Alan Morrison, former head of Public Citizen Litigation Group, reacting to Monday's 5-4 decision in Ashcroft v. Iqbal. The ruling dismissed a complaint filed by a Pakistani Muslim against former Attorney General John Ashcroft seeking to hold Ashcroft liable for policies that led to the roundup of aliens following Sept. 11, 2001."

On-call employees are increasingly suing over unpaid restrictions on freedom

Tresa Baldas

"On-call employees are turning into a growing liability risk for employers, as some are claiming that companies are restricting their freedom too much, and not paying them for it. Employment lawyers say that such claims are popping up in larger wage-and-hour class actions, with on-call employees suing for unpaid overtime, alleging that their freedom has gotten so limited that they may as well be hourly employees."  

Full post as published by New York Supreme Court Criminal Term Library on May 20, 2009 (boomark / email).