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Employment
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July 19, 2024
Ex-Bronco Linebacker Sues NFL Over Denied THC Exemption
A former linebacker for the Denver Broncos is suing the team and the National Football League, alleging they're violating the Colorado Anti-Discrimination Act by denying him an exemption to use synthetic THC to treat his disabilities.
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July 19, 2024
NJ Says 3rd Circ. Ruling Backs State Temp Worker Law
The State of New Jersey called a federal court's attention to a recent Third Circuit decision holding that the bar for issuing preliminary injunctions should be higher, saying the ruling supports its argument opposing a business community request to block a state law regulating protections for temporary workers.
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July 19, 2024
NLRB Drops Challenge To Joint Employer Rule Vacatur
The National Labor Relations Board dropped its appeal of a Texas federal judge's decision vacating its rule expanding its definition of joint employer under federal labor law, saying it wants to consider its approach to the policy in light of the court's decision.
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July 19, 2024
Off The Bench: Trial Time For Jerry Jones, Sunday Ticket Row
In this week's Off The Bench, Jerry Jones' legal battle with the woman claiming to be his daughter reaches a courtroom, Sunday Ticket subscribers clap back at the NFL, and soccer fans go after the stadium they could not enter for the Copa America final.
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July 19, 2024
Lin Wood Loses Bid To DQ Judge In Ga. Defamation Case
A Georgia federal judge on Friday refused to recuse himself from presiding over a trial in the defamation case against retired attorney L. Lin Wood from his former colleagues, ruling that Wood's disqualification bid against him is "untimely and, in any event, meritless."
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July 19, 2024
Rising Star: Jackson Lewis' Douglas J. Klein
Douglas J. Klein of Jackson Lewis PC has defended employers against class and collective actions, including federal court cases involving a "naked" class waiver at Insomnia Cookies and wage-and-hour claims against New York's Metropolitan Transportation Authority, earning him a spot among employment law practitioners under age 40 honored by Law360 as Rising Stars.
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July 18, 2024
Fed. Circ. OKs Navy Deal Despite Contractor's Labor Unrest
The Federal Circuit denied Thursday a contractor's protest bids for U.S. Navy aircraft services contracts at two European bases, rejecting arguments that the lower court didn't properly consider the winning contractor's past labor violations and that the U.S. Supreme Court's overturning of the so-called Chevron doctrine "upends" the underlying decision.
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July 18, 2024
Insults Fly As Attys Beef Over Ex-NFL Player's Sex Abuse Suit
Attorneys for an ex-NFL player and the former controller for his reptile shipping company accused each other of stonewalling, dishonesty and running up litigation costs at a hearing Thursday, where a Colorado state judge largely ignored the lawyers' "speeches" and urged them to confer more meaningfully.
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July 18, 2024
Florida Urges 11th Circ. To Allow Gender Law Despite Appeal
Florida officials have urged the Eleventh Circuit to immediately allow enforcement of a law restricting gender-affirming treatment for transgender minors and adults despite an appeal, saying that a lower court wrongly determined the law was discriminatory and that patients will be harmed if "life-altering" medical procedures are not outlawed.
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July 18, 2024
5th Circ. Upholds Tossing Of Ship Captain's Toxic Injury Suit
A former offshore supply vessel captain, who claims chemicals aboard caused his cancer and kidney failure, must sue his U.S. employer in England, the Fifth Circuit has ruled, saying the employment contract's forum selection clause is enforceable even after considering Louisiana's law which largely prohibits such clauses.
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July 18, 2024
9th Circ. Revives Fired Doctor's COVID Vax Religious Bias Suit
The Ninth Circuit revived a doctor's claims that Washington State University failed to accommodate his religious beliefs when it fired him from his residency for refusing the COVID-19 vaccine, ruling Thursday that U.S. Supreme Court precedent necessitates another look at his case.
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July 18, 2024
Ex-Seattle Port Police Chief Seeks Up To $20M In Firing Trial
The Port of Seattle's former police chief told a Washington state jury on Thursday that $14 million to $20 million from his former employer would be a "reasonable range" of damages for robbing him of his law enforcement career as punishment for complaining about unfairness in workplace misconduct investigations.
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July 18, 2024
SpaceX Tells 5th Circ. It Will Win Challenge To NLRB Structure
The Fifth Circuit should block claims that SpaceX violated labor law from proceeding before the National Labor Relations Board because the company has a good shot at winning its constitutional challenge to the agency's structure, SpaceX argued.
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July 18, 2024
Miner Seeks Atty Fees After 4th Circ. DOL Judges Ruling
A former miner urged the Fourth Circuit to approve approximately $21,000 in attorney fees in his case seeking benefits for his black lung disease, saying he has been unable to reach a settlement with an engineering company that challenged the appointment of two U.S. Department of Labor administrative law judges.
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July 18, 2024
Ga. County Escapes Jailer Discrimination Suit
Troup County, Georgia, beat a retaliation and discrimination suit lodged by a former jail officer who had accused the county of allowing a chief deputy sheriff to allude to her being owned by someone in a slavery reference, according to a finding in federal court Wednesday.
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July 18, 2024
6th Circ. Is No Help To CSX Worker Fired For Train Death Post
The Sixth Circuit ruled Thursday that a former CSX Transporation Inc. engineer waited too long to try to revive his wrongful termination suit stemming from his firing over an online post he made about a fatal train accident.
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July 18, 2024
Moody's Says White Ex-Director's Depo 'Fatal' To Bias Suit
Financial analytics company Moody's on Wednesday told a Pennsylvania federal judge that it was clear a former employee who sued it for discrimination wasn't fired for being white and old, pointing to his "fatal" admission that he'd still be employed had he responded to a company vaccination survey.
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July 18, 2024
CEO Firing Case Tied To Mogul Going To Mediation
A former chief executive and a European IT company tied to convicted mogul Greg Lindberg will head to mediation as part of a back-and-forth case involving allegations of firing without warning and spending company money on women's lingerie.
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July 18, 2024
Feds Say Loper Bright Not Relevant In IVF Policy Suit
The U.S. Department of Defense urged a New York federal court Thursday to throw out a nonprofit's lawsuit challenging its in vitro fertilization coverage policy for service members, countering the group's argument that the agency can't shake the suit because the U.S. Supreme Court upended Chevron deference.
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July 18, 2024
FordHarrison Accused Of Terrorizing Conn. Library Workers
Multistate employment law firm FordHarrison LLP has been dragged into existing feuds between a Connecticut library and two of its employees, with new state court lawsuits accusing the firm of misrepresenting state law and inflicting emotional distress by demanding the employees retract claims allegedly made at a public hearing.
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July 18, 2024
Texas Can't Nix EEOC Guidance Over Gender Identity
A Texas federal judge refused to grant the state attorney general's request to do away with the U.S. Equal Employment Opportunity Commission's enforcement guidance over gender identity, saying the state needs to file a new lawsuit and not piggyback on a case that was closed two years ago.
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July 18, 2024
Healthcare Co. Says Fired In-House Atty Lacks Standing To Sue
Kidney care company Panoramic Health has urged a Colorado federal judge to toss a former assistant general counsel's lawsuit that claims she was fired for raising concerns about violations of federal anti-kickback statutes.
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July 18, 2024
NJ Gov., Ex-Elections Chief Spar Over Push To Resign
Garden State Gov. Phil Murphy told a New Jersey state judge Thursday claims from the former elections chief that his civil rights were violated when he was pushed to resign allegedly in retaliation for a satirical article should be tossed, arguing there is nothing in the law that prevents him from asking a state official to resign.
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July 18, 2024
Police Dept. Beats Cop's Suit Over Political Rally Attendance
A California police department defeated an officer's lawsuit alleging he was unlawfully fired after attending a "Stop the Steal" rally in early 2021, with a federal judge finding he was fired based on social media posts that violated department policies, not his political activities.
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July 18, 2024
Feds Say UAW Shouldn't Be Able To Keep Info From Monitor
Allowing the United Auto Workers to withhold information from the court-appointed monitor overseeing its cleanup from days of corruption and embezzlement would undermine the purpose of the monitorship, the federal government and the monitor told a Michigan federal judge, asking him to deny the union's bid to shield documents.
Expert Analysis
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Past CCPA Enforcement Sets Path For Compliance Efforts
The California Privacy Protection Agency and the California Attorney General's Office haven't skipped a beat in investigating potential noncompliance with the California Consumer Privacy Act, and six broad issues will continue to dominate the enforcement landscape and inform compliance strategy, say attorneys at Reed Smith.
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Securing A Common Understanding Of Language Used At Trial
Witness examinations in the Georgia election interference case against former President Donald Trump illustrate the importance of building a common understanding of words and phrases and examples as a fact-finding tool at trial, says Reuben Guttman at Guttman Buschner.
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Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence
Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.
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What Texas Employers Should Know After PWFA Ruling
After a Texas federal judge recently enjoined federal agencies from enforcing the Pregnant Workers Fairness Act against the state of Texas, all employers must still remain sensitive to local, state and federal protections for pregnant workers, and proactive in their approach to pregnancy-related accommodations, says Maritza Sanchez at Phelps Dunbar.
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5 Issues To Consider When Liquidating Through An ABC
Assignments for the benefit of creditors continue to grow in popularity as a tool for an orderly wind-down, and companies should be considering a number of issues before effectuating the assignment, including in which state it should occur, obtaining tail coverage and preparing a board creditor mailing list, says Evelyn Meltzer at Troutman Pepper.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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AI In Performance Management: Mitigating Employer Risk
Companies are increasingly turning to artificial intelligence tools in performance management, exposing organizations to significant risks, which they can manage through employee training, bias assessments, and comprehensive policies and procedures related to the new technology, say Gregory Brown and Cindy Huang at Jackson Lewis.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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What To Watch As Justices Consider Appeal Deadline Case
Next week, in Harrow v. U.S. Department of Defense, the U.S. Supreme Court will consider for the first time whether a statutory deadline for appealing from a federal agency to an Article III court is jurisdictional, setting the stage for a decision that could dramatically reshape the landscape for challenging agency decisions, say attorneys at MoloLamken.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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What The NIL Negotiation Rules Injunction Means For NCAA
A Tennessee federal court's recent preliminary injunction reverses several prominent and well-established NCAA rules on negotiations with student-athletes over name, image and likeness compensation and shows that collegiate athletics is a profoundly unsettled legal environment, say attorneys at Pillsbury.
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What 2 Years Of Ukraine-Russia Conflict Can Teach Cos.
A few key legal lessons for the global business community since Russia's invasion of Ukraine could help protect global commerce in times of future conflict, including how to respond to disparate trade restrictions and sanctions, navigate war-related contract disputes, and protect against heightened cybersecurity risks, say attorneys at Morgan Lewis.
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EEOC Case Reminds That Men Can Also Claim Pay Bias
The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.
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3 Litigation Strategies To Combat 'Safetyism'
Amid the rise of safetyism — the idea that every person should be free from the risk of harm or discomfort — among jurors and even judges, defense counsel can mount several tactics from the very start of litigation to counteract these views and blunt the potential for jackpot damages, says Ann Marie Duffy at Hollingsworth.