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Employment
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August 07, 2024
NC Biz Court Bulletin: The Battles Making Summer Sizzle
A 1983 championship basketball team's intellectual property rights and a public feud between Cadwalader Wickersham & Taft LLP and its insurer are among the legal battles that have kept North Carolina Business Court judges and Tar Heel state private practice attorneys busy this summer. In case you missed those and others, here are the highlights.
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August 07, 2024
RELX Hit With Proposed Greenwashing Class Action
RELX PLC has been hit with a proposed class action by a former employee alleging the information and analytics company retaliated against him and committed securities fraud by making various business decisions that contradicted its investor disclosures and public-facing statements.
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August 07, 2024
11th Circ. Affirms Unapportioned Wood-Theft Settlement
The Eleventh Circuit has unanimously upheld a Georgia federal court ruling forcing an insurer to cover a $557,000 settlement for shoddy work and wood theft during a deconstruction project by its policyholder, despite objections from the insurer that the amount was not apportioned between covered and noncovered losses.
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August 07, 2024
SpaceX Can't Stop Transfer Of NLRB Constitutionality Suit
SpaceX can't stop its challenge to the constitutionality of the National Labor Relations Board's structure from landing in California, a Texas federal judge ruled, saying the company appealed to the Fifth Circuit months after the transfer order.
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August 07, 2024
WWE Accuser May Be Liable For Defamation, Doctor Says
The woman who accused World Wrestling Entertainment Inc. and former executives including ex-CEO Vince McMahon of sexually trafficking and abusing her may be liable for defaming a celebrity doctor that she targeted with a bid for discovery in Connecticut Superior Court, according to a complaint from Dr. Carlon Colker and his company.
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August 07, 2024
Japanese Space Co. Slips Ex-Exec's $8M Stock Suit
A Colorado federal judge threw out a lawsuit Wednesday that a former executive lodged against a Japanese space and robotics company accusing it of withholding from him stock options worth about $8 million, saying the dispute belongs in Japan.
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August 07, 2024
DOL's Legacy Online Labor Certification System To Sunset Dec. 1
The federal government's legacy online system for providing public access to permanent labor certification applications and final determinations will retire in December and migrate users to a newer system that rolled out in 2019, the U.S. Department of Labor said Wednesday.
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August 07, 2024
Chick-Fil-A Franchisee Settles Fired Trans Worker's Bias Suit
A Chick-fil-A franchisee and a transgender former employee have settled her sexual harassment suit alleging she was told she should be grateful that a colleague was hitting on her and eventually fired after complaining about the harassment she faced.
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August 07, 2024
Librarian Says Catholic School Fired Her For Being Trans
A Catholic school assured a librarian that it wanted to renew her contract for another school year but promptly changed its tune after she alerted the principal that she was about to undergo a gender transition, a complaint filed in Minnesota state court said.
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August 07, 2024
Thompson Coburn Adds Willkie Benefits Atty
Thompson Coburn LLP has brought on an employee benefits litigator from Willkie Farr & Gallagher LLP as a partner in Chicago, picking up a lawyer with over two decades of experience advising and representing employers, plan administrators and fiduciaries.
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August 07, 2024
Morgan Stanley Loses Bid To Arbitrate Background Check Suit
A Boston federal judge ruled Tuesday that Morgan Stanley & Co. LLC can't force arbitration in a proposed class action claiming the bank illegally used protected criminal history information to discriminate against job applicants.
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August 07, 2024
Split 7th Circ. Axes Forced Labor Suit Against Salvation Army
A group of former participants in the Salvation Army's rehabilitation programs didn't show how the work they performed for the organization represented forced labor, a split Seventh Circuit panel ruled, keeping an Illinois federal court's decision tossing their suit.
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August 07, 2024
4th Circ. Revives Sex Bias Suit Over Workplace Romance Row
The Fourth Circuit reopened a former salesperson's lawsuit alleging a wine and spirits distributor fired her because she rejected the owner's sexual advances after they broke up, saying a trial is needed to delineate when the relationship ended.
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August 07, 2024
L3Harris Narrows But Can't End Religious Bias Suit
Technology company L3Harris can't toss a former worker's claims that he was fired for being Christian after he complained that his new boss was harassing him, a Texas federal judge ruled, but his claims of age bias and retaliation lacked enough proof to stay in court.
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August 07, 2024
11th Circ. Says Drivers Can Use Contracting Law For OT Math
Three drivers for a company that provides medical transportation to veterans can base their calculation of overtime they're owed on a Service Contract Act prevailing rate that's higher than the wages they were paid, the Eleventh Circuit has ruled, partially flipping a lower court's ruling.
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August 06, 2024
From Vets To Labor: The Policies VP Pick Walz Has Backed
Democratic U.S. presidential nominee Kamala Harris' pick of Minnesota Gov. Tim Walz to be her running mate pairs her with a state leader and former lawmaker who has advocated for veterans' rights and public education while also championing a more progressive agenda, from cannabis legalization to abortion care access to stronger union rights.
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August 06, 2024
Thompson Hine Says Ex-Atty's Harassment Claims Lack Teeth
A former Thompson Hine LLP attorney's sex harassment suit should be dismissed for failing to show that gender bias had anything to do with the workplace conflicts that arose during her tenure, the firm argued in a New York federal court filing.
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August 06, 2024
9th Circ. Won't Rehear Ex-Uber Driver's Race Bias Suit
The Ninth Circuit on Tuesday refused to grant en banc rehearing to a former Uber driver after a three-judge panel found he failed to support his allegations that the ride-hailing giant's rating system is racially biased.
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August 06, 2024
2nd Circ. Says Citi Whistleblower Can't Get Cut Of $400M Fine
The Second Circuit on Tuesday upheld a lower court's dismissal of a Citibank executive's whistleblower lawsuit seeking a piece of a $400 million fine the bank paid, finding that she failed to allege a valid False Claims Act claim and therefore has no right to a portion of financial recovery.
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August 06, 2024
Florida Asks 11th Circ. To Let Gender Law Take Effect Now
Florida officials have implored the Eleventh Circuit to allow enforcement of the state's recently enacted law restricting gender-affirming treatment for transgender minors and adults, arguing that a federal judge's order to enjoin enforcement of the law was erroneous.
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August 06, 2024
Pilots Union Tells 5th Circ. Southwest Put Animus In Policy
Counsel for the Southwest Airlines Pilots Association told a Fifth Circuit panel Tuesday that the airline had codified anti-union animus in a written policy, claiming during oral arguments that the airline was working to keep elite "check pilots" from organizing.
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August 06, 2024
MGM Shreds Workers' Bid For Default Win In Vax Fight
Detroit casino MGM Grand has urged a Michigan federal court to not grant default judgment to former employees protesting its vaccination policies, arguing the request is drastic and that any delay in producing discovery documents was justified and harmless.
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August 06, 2024
Amazon Contractor Can't Escape Worker's Welding Injury Suit
A Texas federal judge ruled Tuesday that a construction company hired by Amazon must face a trial over a worker's blindness from a welding torch light flash, saying there is a factual dispute regarding whether the company had control over all workers on site the day of the incident.
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August 06, 2024
Horse Trainer Says Conn. Club Stiffed Him, Sues For $275K
A historic Connecticut country club stopped reimbursing the head of its horse-riding program for expenses he paid out of his own pocket, ceased paying his salary and fees, and canceled his membership, according to a breach-of-contract suit filed in state court.
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August 06, 2024
Denver Food Co. Fired VP For Younger Male, Suit Claims
A former vice president of a Denver-area food biotech firm has filed a suit claiming the company violated Colorado's gender and age anti-discrimination laws when it fired and ultimately replaced her after she finished training a younger male successor, who was intended to only take over some of her duties.
Expert Analysis
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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4 Steps To Repair Defense Credibility In Opening Statements
Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.
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Compliance Countdown To New Calif. Workplace Safety Rules
Nearly all California employers should be taking steps to prepare for the July 1 deadline to comply with a Labor Code update that will introduce the first general industry workplace violence prevention safety requirements in the U.S., say attorneys at Littler.
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Arbitration Implications Of High Court Coinbase Ruling
The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.
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Prejudicial Evidence Takeaways From Trump Hush Money Trial
The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.
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Top 5 Issues For Employers To Audit Midyear
Six months into 2024, developments from federal courts and regulatory agencies should prompt employers to reflect on their progress regarding artificial intelligence, noncompetes, diversity initiatives, religious accommodation and more, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Addressing Labor Shortages In The Construction Industry
As the construction industry's ongoing struggle with finding sufficient skilled workers continues, companies should consider a range of solutions including a commitment to in-house training and creative contracting protocols, say Brenda Radmacher and Allison Etkin at Akerman.
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Tailoring Compliance Before AI Walks The Runway
Fashion industry players that adopt artificial intelligence to propel their businesses forward should consider ways to minimize its perceived downsides, including potential job displacements and algorithmic biases that may harm diversity, equity and inclusion efforts, say Jeffrey Greene and Ivory Djahouri at Foley & Lardner.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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3 Surprising Deposition Dangers Attorneys Must Heed
Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.
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What Employers Need To Know About Colorado's New AI Law
The Colorado AI Act, enacted in May and intended to regulate the use of high-risk artificial intelligence systems to prevent algorithmic discrimination, is broad in scope and will apply to businesses using AI for certain employment purposes, imposing numerous compliance obligations and potential liability, say Laura Malugade and Owen Davis at Husch Blackwell.
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Opinion
Paid Noncompetes Offer A Better Solution Than FTC's Ban
A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.