In a recently decided case, AKM LLC, d.b.a Volks Constructors v. Secretary of Labor, the United States Court of Appeals for the District of Columbia Circuit sided with the employer on the issue of whether OSHA’s record keeping requirement and five year regulatory retention period allows OSHA to disregard the Act’s six month statute of limitations period.

On March 14 the Iowa Civil Justice Task Force released recommendations for reforming the state’s civil justice system, including a recommendation to establish specialized “business courts.” Before Iowa can launch a business court system, however, two important issues must be addressed.

The Eighth Circuit reversed a decision by a federal judge in the Northern District of Iowa to award attorney fees and costs to the defendant-employer in EEOC v. CRST Van Expedited, Inc. following a series of rulings which effectively dismissed sexual harassment claims brought by the EEOC on behalf of 270 women.

The Nevada Supreme Court ruled in Weddell v. H2O, Inc., 128 Nev. Adv. Op. #9, (Nev. March 1, 2012) that a judgment creditor is like an assignee of a membership interest. The creditor is entitled to only the share of the distributions the member would otherwise have received. The managerial interest of the debtor remains with the debtor.

Wal-Mart Stores v. Dukes, “one of the most expansive class actions ever,” is important to examine because it represents a comprehensive analysis of the “commonality” and “predominance” standards in Rule 23 and because arbitration rules incorporate both the “commonality” and “predominance” standards found in Rule 23.