BACKGROUND OF THE LAWSUIT Sample Clauses

BACKGROUND OF THE LAWSUIT. Plaintiffs E. Xxxxxx Xxxxxxx, Xxxxxxxxx Xxxxxxx, and Xxxxxxx Xxxxx filed a collective action lawsuit against WellPoint, Inc. in the United States District Court for the Eastern District of Virginia, Richmond Division, on behalf of themselves and all others similarly situated. Merritt, Granger, and Sheap seek to pursue this lawsuit on behalf of themselves and all other former employees of WellPoint’s Virginia operations age 40 or older who were separated from WellPoint during the period from January 1, 2005 through August 18, 2009. Federal law prohibits both intentional age discrimination and facially neutral employment practices which result in an adverse age impact. Merritt, Granger, and Sheap challenge their terminations/involuntary separation, alleging that they were victims of a plan beginning in 2005 which was designed to and/or had the result of adversely impacting workers age 40 or older. The Plaintiffs allege that WellPoint’s actions violated the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621, et seq. Merritt, Granger, and Sheap are suing to recover back pay and benefits relief provided by the ADEA, for themselves and for any other similarly situated employee. Merritt, Granger, and Sheap also seek to recover for themselves and for any other similarly situated employee an additional equal amount constituting liquidated damages, plus attorneys’ fees and costs. In addition to these claims related to all of the Collective Plaintiffs, Xxxxxxx, Xxxxxxx and Sheap also brought individual claims under the Americans with Disabilities Act (“ADA”) and the Family and Medical Leave Act (“FMLA”). In a separate suit filed in the same court, Plaintiffs Xxxxxx Xxxxxx and Xxxxx Xxxxxxx filed a related collective action lawsuit against WellPoint, seeking to obtain relief for a class of employees under both the ADEA and the Older Workers Benefit Protection Act (“OWBPA”). WellPoint has consistently denied all of Plaintiffs’ claims and states that it did not violate the ADEA, the OWBPA, the ADA, the FMLA, or any other law. It contends that it did not terminate Virginia-based employees over the age of 40 in greater numbers or rates than their representation in WellPoint's Virginia workforce in any year at issue, or overall during the relevant time period. The parties participated in extensive settlement discussions, with each side represented by capable counsel. As a result of the extensive settlement negotiations, the parties entered into a Master Settle...
Sample 1
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BACKGROUND OF THE LAWSUIT. On December 17, 2020, Plaintiff commenced a putative class action lawsuit by filing a Class Action Complaint for Damages in the Alameda County Superior Court, Case No. RG20084193. On January 12, 2021, Plaintiff filed a First Amended Class Action Complaint for Damages & Enforcement Under the Private Attorneys General Act, California Labor Code § 2698, Et Seq. (“Operative Complaint”). Plaintiff alleges that Defendant failed to properly pay minimum and overtime wages, provide compliant meal and rest breaks and associated premiums, timely pay wages during employment and upon termination of employment and associated waiting-time penalties, provide accurate wage statements, keep requisite payroll records, reimburse business expenses, and thereby engaged in unfair business practices in violation of California Business & Professions Code section 17200, et seq., and conduct that gives rise to penalties under California Labor Code section 2698, et seq. (“PAGA”). Plaintiff seeks, among other things, recovery of unpaid wages and meal and rest period premiums, unreimbursed business expenses, restitution, penalties, interest, and attorneys’ fees and costs. Defendant adamantly denies that it did anything wrong and contends that it timely and properly paid all wages owed; provided all required meal and rest breaks; properly issued accurate, itemized wage statements; provided all reimbursements for business expenses; and did not engage in any unfair competition or violations of PAGA. Defendant contends that none of the claims alleged by Plaintiff will succeed in court. The Parties participated in mediation with a respected class action mediator, and as a result, the Parties reached a settlement. The Parties have since entered into the Class Action and PAGA Settlement Agreement (“Settlement” or “Settlement Agreement”). On [date of Preliminary Approval], the Court entered an order preliminarily approving the Settlement. The Court has appointed Phoenix Settlement Administrators as the administrator of the Settlement (“Settlement Administrator”), Plaintiff Xxxx Xxxxxx Xxxxx as representative of the Class (“Class Representative”), and the following Plaintiff’s attorneys as counsel for the Class (“Class Counsel”): Xxxxx Xxxxxxxx Xxxx Xxxxxxxx Xxxxxx Xxxxx Xxxxxx Xxxxxxxxxx Lawyers for Justice, PC 000 Xxxx Xxxxx Xxxxxx, Suite 203 Glendale, California 91203 Telephone: (000) 000-0000 / Fax: (000) 000-0000 If you are a Class Member, you do not need to take any action to receive an I...
Sample 1
BACKGROUND OF THE LAWSUIT. THE DESCRIPTION OF THE CONSOLIDATED ACTION AND SETTLEMENT THAT FOLLOWS HAS BEEN PREPARED BY COUNSEL FOR THE PARTIES (DEFINED BELOW). THE COURT HAS MADE NO FINDINGS WITH RESPECT TO SUCH MATTERS, AND THIS NOTICE IS NOT AN EXPRESSION OR STATEMENT BY THE COURT OF FINDINGS OF FACT.
Sample 1
BACKGROUND OF THE LAWSUIT. On October 15, 2019, Plaintiff commenced a putative class action lawsuit by filing the Class Action Complaint for Damages against Defendant Surf Thru Inc., in the Tulare County Superior Court, Case No. VCU280787 (“Action”) alleging ten (10) causes of action for failure to pay minimum wages, failure to pay overtime wages, failure to provide meal periods and associated premiums, failure to provide rest periods and associated premiums, failure to pay timely wages during employment, failure to timely pay final wages, failure to keep compliant payroll records, failure to keep compliant wage statements, failure to reimburse business expenses, and violations of California Business and Professions Code §§ 17200, et seq., on behalf of herself and putative class members. Plaintiff seeks, among other things, recovery of unpaid wages and meal and rest period premiums, unreimbursed business expenses, restitution, penalties, interest, and attorneys’ fees and costs. Defendant denies all of the allegations in the Lawsuit or that it violated any law.
Sample 1

Related to BACKGROUND OF THE LAWSUIT

  • Background Intellectual Property ‌ Notwithstanding and superseding anything to the contrary in this ARTICLE 14, each Party retains title to all Intellectual Property Rights owned or possessed by it or any of its affiliates prior to or independent of performance of this Agreement and used by it in fulfilling its obligations under this Agreement, as well as any modifications or improvements made thereto in the course of performing this Agreement (“Background IP”). To the extent that one Party acquires any right, title, or interest in and to any aspect of the modifications or improvements to the Background IP of the other Party, such first Party shall assign such right, title, and interest to the second Party, immediately following such acquisition. If any of the Supplier’s Background IP is included in or required to use the Documentation provided by the Supplier to the City, the Supplier hereby grants to the City an irrevocable, perpetual, fully paid-up, royalty-free, worldwide, transferable and non-exclusive licence (including the right to sub-licence only to members of the City’s Group) to, itself and through contractors and agents, use, copy, amend, reproduce, modify, create derivative works of, use, commercialize, and otherwise exploit the Supplier’s Background IP but only to the extent required to use such Documentation for the purpose (or any reasonably inferred purpose) for which it has been provided or for the provision of the Supply under this Agreement (excluding any software source code).

  • Background Technology List here prior contracts to assign Inventions that are now in existence between any other person or entity and you. [ ] List here previous Inventions which you desire to have specifically excluded from the operation of this Agreement. Continue on reverse side if necessary.

  • Third Party Intellectual Property Rights You acknowledge that, in respect of any Third Party Intellectual Property Rights in the Services, Your use of any such Intellectual Property Rights is conditional on Us obtaining a written licence from the relevant licensor on such terms as will entitle Us to license such rights to You. We shall provide the Third Party Applications or Third Party Services under the standard licence terms provided by the relevant third parties (the Third Party End User Licence(s), copies of which shall be provided to You), and You agree to be bound to the relevant third parties by such licence terms. You shall comply with the Third-Party End User Licences and shall indemnify and hold Us harmless against any loss of damage which We may suffer or incur as a result of Your breach of such terms howsoever arising.

  • BACKGROUND OF AGREEMENT 1.1 LICENSOR represents that it has certain intellectual property pertaining to services and technologies in the field of teleradiology, in respect to which it is prepared to grant a nonexclusive license to LICENSEE.

  • Third Party Intellectual Property 6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

  • BACKGROUND 1.1. The “Work” is the research article, review article, letter, clinical trial study, report, article, or other copyright work, as identified in the Copyright Letter and further detailed in Schedule 1: Details of the Work (including such form of the copyright work submitted to Xxxxxxx Science for publication pursuant to clause 4, below), but excluding (except where context otherwise requires) any diagrams, figures or illustration specifically identified to Xxxxxxx Science pursuant to clause 3.2, below.

  • Intellectual Property Infringement The Supplier warrants that the use or supply by UNDP of the goods sold under this Purchase Order does not infringe any patent, design, trade-name or trade-mark. In addition, the Supplier shall, pursuant to this warranty, indemnify, defend and hold UNDP and the United Nations harmless from any actions or claims brought against UNDP or the United Nations pertaining to the alleged infringement of a patent, design, trade-name or trade-mark arising in connection with the goods sold under this Purchase Order.

  • Responsibility for Patent Rights (a) University has primary responsibility at the expense of Company for the preparation, filing, prosecution, and maintenance of all Patent Rights, using patent counsel reasonably acceptable to Company. University shall consult with Company as to the preparation, filing, prosecution, and maintenance of all Patent Rights reasonably prior to any deadline or action with the United States Patent & Trademark Office or any foreign patent office and shall furnish Company with copies of relevant documents reasonably in advance of consultation. University shall consider in good faith any comments of Company on any patent filings for the Patent Rights.

  • Background of the Offer ... 13 11. Purpose of the Offer and Merger; Plans for the Company; the Merger Agreement and Stockholder Agreement..................................................................... 16 12.

  • Enforcement of Intellectual Property Rights and Assistance During and after the period of my employment, I will assist Company in every proper way to obtain and enforce United States and foreign Intellectual Property Rights relating to Company Inventions in all countries. If the Company is unable to secure my signature on any document needed in connection with such purposes, I hereby irrevocably designate and appoint Company and its duly authorized officers and agents as my agent and attorney in fact, which appointment is coupled with an interest, to act on my behalf to execute and file any such documents and to do all other lawfully permitted acts to further such purposes with the same legal force and effect as if executed by me.

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