Jon Michaelson

We previously wrote about the contract defenses that business may rely on when an epidemic or government orders impairs contractual performance (here and here) and recently analyzed the force majeure defense under Georgia,...more Takeaway: A fractured Ninth Circuit has rejected the opportunity to re-visit a panel decision allowing inadmissible evidence to be considered in ruling on a motion for class certification. This ruling solidifies a glaring...more Takeaway: Class action complaints often seek the certification of “statewide” classes that would seem to include only residents of the target state. But when it comes to establishing an exception to diversity jurisdiction...more It is a small world after all. Last week, the California Supreme Court decided that the de minimus rule, imported by the U.S. Supreme Court into the Fair Labor Standards Act (FLSA) in 1946 (Anderson v. Mt. Clemens Pottery...more