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EU Court Rules on in Vitro Dispute
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2008/02/26 05:50
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| The European Court of Justice, clarifying an Austrian labor dispute, ruled against a Salzburg woman's claim that she had been entitled to labor protection when she was fired while pursuing in vitro fertilization. The woman argued that she was technically already pregnant when her eggs were fertilized — but not yet implanted — and hence was entitled to full pay and protection from dismissal under EU labor legislation. The fertilized eggs were implanted three days after she was dismissed from her job at a bakery in March 2005. In its ruling Tuesday, the EU court said that under such an argument, women could delay having fertilized eggs implanted for years and claim unfair dismissal by saying they are pregnant. Rather, the EU high court ruled that the Austrian court need only assess whether in vitro fertilization was considered by her employers as grounds for dismissal. European law bans gender discrimination. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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