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...
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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.
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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.
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Related to BACKGROUND OF THE LAWSUIT

  • Background Investigation The BOARD is prohibited from knowingly employing a person who has been convicted of committing or attempting to commit certain criminal offenses. If the required criminal background investigation is not completed at the time this Contract is signed, and the subsequent investigation report reveals that there has been a prohibited conviction, this Contract shall immediately become null and void.

  • Background Screening VENDOR shall comply with all requirements of Sections 1012.32 and 1012.465, Florida Statutes, and all of its personnel who (1) are to be permitted access to school grounds when students are present, (2) will have direct contact with students, or (3) have access or control of school funds, will successfully complete the background screening required by the referenced statutes and meet the standards established by the statutes. This background screening will be conducted by SBBC in advance of VENDOR or its personnel providing any services under the conditions described in the previous sentence. VENDOR shall bear the cost of acquiring the background screening required by Section 1012.32, Florida Statutes, and any fee imposed by the Florida Department of Law Enforcement to maintain the fingerprints provided with respect to VENDOR and its personnel. The parties agree that the failure of VENDOR to perform any of the duties described in this section shall constitute a material breach of this Agreement entitling SBBC to terminate immediately with no further responsibilities or duties to perform under this Agreement. VENDOR agrees to indemnify and hold harmless SBBC, its officers and employees from any liability in the form of physical or mental injury, death or property damage resulting from VENDOR’s failure to comply with the requirements of this section or with Sections 1012.32 and 1012.465, Florida Statutes.

  • 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).

  • Contractor Intellectual Property Contractor shall retain all right, title and interest in and to any work, ideas, inventions, discoveries, tools, methodology, computer programs, processes and improvements and any other intellectual property, tangible or intangible, that has been created by Contractor prior to entering into this Contract (“Contractor Intellectual Property”). Should the State require a license for the use of Contractor Intellectual Property in connection with the development or use of the items that Contractor is required to deliver to the State under this Contract, including Work Product (“Deliverables”), the Contractor shall grant the State a royalty-free license for such development and use. For the avoidance of doubt, Work Product shall not be deemed to include Contractor Intellectual Property, provided the State shall be granted an irrevocable, perpetual, non-exclusive royalty-free license to use any such Contractor Intellectual Property that is incorporated into Work Product.

  • 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 (a) In providing a Service, we may supply you with materials (including software) licensed by third parties.

  • Claims relating to Intellectual Property Rights 29.1. The Contractor must not infringe any Intellectual Property Rights of any third party in providing the Services or otherwise performing its obligations under the Framework Agreement and must ensure that the provision of the Services and the use or possession of the Deliverables does not infringe such Intellectual Property Rights.

  • 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.

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