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National Litigation Hotline
Tenth Circuit Denies Retroactive Application of Class Action Fairness Act
The Tenth Circuit has held that the Class Action Fairness Act (the Act) does not apply to class action suits commenced in state court prior to the Act's enactment on Feb. 18, 2005. Pritchett v. Office Depot Inc., 2005 WL 827158 (10th Cir. Apr. 11).
The initial class action suit against Office Depot, alleging that assistant managers had been denied overtime compensation for hours regularly worked beyond 40 hours per week, was filed in state court in April 2003 and certified in June 2004. On the eve of trial, Office Depot attempted to remove the case to federal court by arguing that the Class Action Fairness Act gave the federal court system proper jurisdiction. Finding that the Act did not apply to cases filed in state court prior to its date of enactment, the judge for the U.S. District Court for the District of Colorado sent the case back to state court. The Tenth Circuit affirmed the lower court's judgment by finding that the language of the new law was inapplicable to cases “commenced” in state court prior to Feb. 18, 2005.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
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