Tuesday, December 16, 2014

US District Court ME: Magistrate recommended class certification and allowing plaintiffs to file opt-in consent forms in Fair Labor Standards Act and state law claims for unpaid overtime brought by house managers who worked 24-hour shifts for seven consecutive days from Wednesday to Wednesday, which were counted as two work weeks, and were paid for 16 hours per day with 8 hours per day designated unpaid sleep time
US District Court ME: In awarding $49,574.50 in attorney’s fees and costs in Individuals with Disabilities in Education Act claim in which defendant failed to provide student with a free, appropriate public education for his sixth grade year, the court found that $300/hr rate for attorney with 25 years experience and $200/hr rate for attorneys with 5 years experience were reasonable but reduced total award by 30% based on partial success on the merits
US District Court ME: In granting plaintiff’s motion to remand case to state court, the court ordered defendant to pay plaintiff’s costs and expenses in seeking remand, pursuant to 28 U.S.C. § 1447(c), in light of plaintiff’s earlier offer to stipulate to total damages of less than the amount required to invoke diversity jurisdiction

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