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Employment
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December 09, 2024
NLRB Attys Say Co. Wasn't Owed Hearing In Broken Deal Case
The National Labor Relations Board wasn't required to hold a hearing before finding an Illinois plumbing and fire suppression company violated its settlement with a plumbers local, the board told the Seventh Circuit, asking the court to reject the company's argument that its due process rights were violated.
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December 09, 2024
NHL Dropped From Antitrust Suit By Junior League Players
The junior-league hockey players who accused the North American developmental system of exploitation and abuse in a proposed antitrust class action voluntarily dismissed the NHL from the suit on Monday, less than two weeks after the Canadian Hockey League was dismissed by a New York federal judge.
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December 09, 2024
Justices Pan Broadway Producer's Blacklist Suit Revival Bid
The U.S. Supreme Court has dashed a Broadway producer's hopes that it would breathe new life into his claims accusing a stage workers union of breaking antitrust laws by discouraging members from working with him following complaints about unpaid wages.
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December 09, 2024
2nd Circ. Compares Trader Joe's Execs' COVID Trips For Bias
The way that Trader Joe's treated a similarly situated male employee is critical to the success of a sex discrimination lawsuit brought by a female ex-vice president who was fired after taking a vacation in the early days of the COVID-19 pandemic, judges of the Second Circuit suggested Monday.
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December 09, 2024
Auto Parts Co., EEOC Strike Deal In Sex Harassment Suit
An auto parts company will pay $35,000 to end a U.S. Equal Employment Opportunity Commission suit alleging it ignored a female worker's claims that she was sexually assaulted at a plant and eventually fired her, the agency said Monday.
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December 09, 2024
Diddy Drama Pits Jay-Z, Quinn Emanuel Against Texas PI Firm
Shawn "Jay-Z" Carter on Monday denied raping a 13-year-old alongside indicted hip-hop mogul Sean "Diddy" Combs and identified himself as the purported victim of extortion by Texas personal injury attorney Tony Buzbee, days after Buzbee sued Jay-Z's law firm, Quinn Emanuel Urquhart & Sullivan LLP, for harassment in the escalating fight.
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December 09, 2024
2nd Circ. Restores Challenge To Conn. Atty Anti-Racism Rule
The Second Circuit on Monday revived a challenge to a new rule for Connecticut attorneys intended to reduce discrimination, ruling that the alleged chilling effect the two suing lawyers detailed in their complaint gives them standing even if the rule hasn't been enforced against them.
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December 09, 2024
Seton Hall Whistleblower Case Confirmed For Hudson County
A New Jersey judge has officially transferred a whistleblower suit from Seton Hall University's former president against the school and some of its leaders to Hudson County, rejecting a bid from Seton Hall to keep the case in Essex County.
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December 09, 2024
Pullman & Comley Blames Tech CEO's Statements For Firing
The ousted leader of WorldQuant Predictive Technologies LLC lost $6 million in company stock because he was legitimately fired for lying during a company probe into a lead salesperson's termination and not because of an alleged legal ethics gaffe, Connecticut law firm Pullman & Comley told a judge on Monday.
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December 09, 2024
Former Law School IT Director Admits To Thefts
A former IT director for New England School of Law in Boston pled guilty Monday to using the school's Amazon account to purchase more than $80,000 worth of musical equipment and Apple products, state prosecutors announced.
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December 09, 2024
Famous Steakhouse Chain's Ex-GC Gets Go-Ahead For Bias Suit
The ex-general counsel of iconic steakhouse chain The Palm Restaurant can move ahead with a discrimination lawsuit claiming she was ousted after a 2020 bankruptcy sale, a New York federal court ruled Monday.
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December 09, 2024
Union Says Flight Attendant Withdrew Grievance, Can't Sue
A United Airlines flight attendant withdrew the grievance she filed after getting fired over a 2021 passenger confrontation regarding mask compliance, and thus gave up her shot to sue her union, the union told a Colorado federal court, seeking to dismiss the worker's fair representation allegations.
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December 09, 2024
Skipping Diversity Suits Lets Error 'Metastasize,' Alito Says
The U.S. Supreme Court declined Monday to review Boston's allegedly discriminatory COVID-19 pandemic-era admissions policy for three elite public schools, turning away the second case to challenge the use of race-neutral diversity initiatives in a decision Justice Samuel Alito claims ignores a "glaring constitutional error" and undermines the court's affirmative action decision.
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December 09, 2024
Justices Spurn Worker's Challenge To 'Honest Belief' Firing
The U.S. Supreme Court has declined to review a Fourth Circuit decision holding that a Baltimore utility's "honest belief" that a worker was misusing medical leave justified the employee's termination, according to high court orders released Monday.
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December 07, 2024
Up Next: Environmental Reviews, Wire Fraud & TM Awards
The U.S. Supreme Court will hear its final set of oral arguments for the 2024 calendar year starting Monday, including disputes over the proper scope of federal environmental reviews and whether corporate affiliates can be ordered to pay disgorgement awards in trademark infringement disputes.
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December 06, 2024
Netflix's 'Our Father' Trial Ends With Modest Award
Facing millions of dollars in punitive damage liabilities, Netflix and its army of lawyers were able to keep an Indiana federal jury's verdict at $385,000 in a privacy lawsuit over the names of the biological children of a rogue fertility doctor that appeared in the "Our Father" documentary.
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December 06, 2024
GEO Tells 9th Circ. Recent Ruling Backs It In Wage Fight
Private prison contractor The GEO Group Inc. told the Ninth Circuit on Friday that a recent ruling in the same court underscores its assertion that only the federal government can say whether a minimum wage must be paid to detained immigrants participating in a voluntary work program in Tacoma, Washington.
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December 06, 2024
Boeing Shareholder Attys Intervene In Parallel Chancery Suit
Attorneys for two Boeing Co. stockholders pursuing derivative claims in Virginia federal court secured approval on Friday to intervene in a later filed case in Delaware's Court of Chancery, citing concerns that a "dilatory" approach by the Delaware camp could jeopardize both suits.
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December 06, 2024
High Court Bar's Future: Gupta Wessler's Jennifer Bennett
As a litigator for workers and consumers, Jennifer D. Bennett made her debut at the U.S. Supreme Court at an inauspicious time, when conservative justices were consistently helping corporations move major cases onto advantageous turf in arbitration. But since then, Bennett has amassed a flawless argument record and helped to turn the tide, making her one of the high court's most promising young advocates.
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December 06, 2024
AFL-CIO Says Lighting Co. Shouldn't Get NLRB Suit Block
The AFL-CIO has backed the National Labor Relations Board in opposing a lighting company's attempt to block the agency from pursuing a case against it over what the company alleges are unconstitutional removal protections of its members, saying the company hasn't met its burden of showing the president wanted to fire board members.
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December 06, 2024
Naval Academy Can Use Race In Admissions Decisions
The U.S. Naval Academy can continue to consider race in aspects of its admissions process, a Maryland federal judge ruled Friday, saying the military college had demonstrated a compelling national security reason.
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December 06, 2024
Employment Authority: Skidmore Could Be Chevron 2.0
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how the 80-year-old Skidmore doctrine is becoming more relevant after the U.S. Supreme Court nixed Chevron, with a talk with New York City Council Member Shaun Abreu, who was behind the bar of weight- and height-based discrimination in workplaces and the city's pet care law, and how the possible firings of the National Labor Relations Board's Democratic members could thwart the agency.
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December 06, 2024
UPS Worker Can't Revive USERRA Retaliation Suit At 9th Circ.
The Ninth Circuit upheld the dismissal of a UPS worker's suit claiming the delivery company stalled his efforts to get back to work after an injury because he sued the business alleging discrimination against service members, finding on Friday that company policy drove the delay.
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December 06, 2024
Jaguars Seek DraftKings Records In Suit Against Embezzler
The Jacksonville Jaguars have asked a Massachusetts judge to let the team subpoena records from a DraftKings employee who handled the account of a former team executive who embezzled $22 million to support a gambling habit.
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December 06, 2024
SAG-AFTRA Plan Left Data Exposed To Breach, Members Say
The SAG-AFTRA Health Plan lacked adequate security to keep personal information safe from a September data breach, two members alleged in California federal court, saying a proposed class is at risk for a "full gamut of cyber-crimes," including identity theft and phishing scams.
Expert Analysis
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AI Monitoring And FCRA: Employer Compliance Essentials
As the Consumer Financial Protection Bureau and the Federal Trade Commission signal determination to treat AI-based workplace surveillance as a potential Fair Credit Reporting Act issue, employers must commit to educating HR and compliance staff on these quickly evolving regulatory expectations, say attorneys at Sheppard Mullin.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Opinion
Weak Reasoning Underlies Fla. Judge's Bold Qui Tam Ruling
U.S. District Judge Kathryn Mizelle's groundbreaking decision in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, holding that qui tam provisions of the False Claims Act are unconstitutional, relies on weak logic to reach a conclusion that differs from every other court that has ruled on the issue, says Ethan Greenberg at Anderson Kill.
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FTC Focus: Zeroing In On Post-Election Labor Markets
The presidential election and the push-and-pull of the administrative state's reach are likely to affect the Federal Trade Commission's focus on labor markets, including the tenor of noncompete rule enforcement, say attorneys at Proskauer.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Advising Employers As AI Meets DEI And Discrimination
Excerpt from Practical Guidance
Though companies can use artificial intelligence tools to develop more diverse and inclusive workforces, counsel should also prepare employers for how AI can stymie these efforts, provoke discrimination claims and complicate resulting litigation, says Emily Schifter at Troutman Pepper.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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Timing Of An NLRB Power Shift Hinges On Biden Nominees
President-elect Donald Trump seems certain to shake up the National Labor Relations Board's prounion Democrat majority, but the incoming president's timing depends on whether the current Senate confirms two pending nominees to board positions, say attorneys at Fox Rothschild.
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Opinion
The Right Kind Of Deregulation In Commercial Airline Industry
Similar to the economic deregulation that occurred more than four decades ago during the Carter administration, the incoming Trump administration should restore the very limited federal regulatory role in the economics of the airline industry, says former U.S. transportation secretary James Burnley at Venable.
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5 Tips For Complying With NLRB Captive Audience Ban
The National Labor Relations Board’s recently ruled that so-called captive audience meetings violate federal labor law, representing a radical shift in precedent and creating new standards for employers to follow when holding workplace meetings where union representation will be discussed, say attorneys at Fisher Phillips.
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4 Ways Attorneys Can Emotionally Prepare For Trial
In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Key Plaintiff Litigation Strategies For Silicosis Lawsuits
A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.
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Presidential Campaign Errors Provide Lessons For Trial Attys
Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.
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Expect More State-Level Scrutiny Of Noncompetes Ahead
Despite the nationwide injunction against the Federal Trade Commission’s noncompete ban, and the incoming Republican administration, employers should anticipate that state legislatures will continue to focus on laws that limit or ban noncompetes, including those that target certain salary thresholds or industries, says Benjamin Fryer at FordHarrison.