Eastern District

Abercrombie & Fitch has offered to pay $96,000 to 13 assistant managers for failing to pay proper overtime wages, in connection with a lawsuit filed in the Eastern District of New York. This is in addition to prior offers from Abercrombie & Fitch to pay other assistant managers who had joined the lawsuit. Abercrombie also agreed to pay the assistant managers’ attorney's fees and court costs. The claims arose under the Fair Labor Standards Act (FLSA) and asserted that Abercrombie violated the FLSA by failing to pay assistant managers all wages due for working more than 40 hours a week.

Overstock.com announced the dismissal of a multimillion dollar federal class-action lawsuit filed in the Eastern District of New York in 2009. The suit was brought by Cynthia Hines, a secretary working in a plaintiff's attorney law firm. Hines claimed she failed to understand the company's return policy and alleged breach of contract, common law fraud and New York consumer statute violations. Later Hines added other state consumer claims and asked for an injunction. Early on, Overstock.com identified the Hines suit as "lawyer-driven" and determined that settlement wouldn't be an option, in keeping with its historical practice.

Apple has gone on the offensive against a number of defendants, including 50 John Does and unnamed businesses, in a new trademark infringement suit. The lawsuit filed in New York remains under a court seal, so the specifics of the complaint aren't known.

Q: I hired a company to recast my existing website into an e-commerce site. I've spent the last six months begging, pleading and nagging them to finish. Now they won't even return my calls. Any suggestions about avoid it next time?

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