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Employment
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October 15, 2024
Ex-'Top Chef' Hopeful Sues Over Ouster From Food Hall
A former celebrity chef who worked for a new Pittsburgh food hall is suing his ex-partner in Pennsylvania state court, claiming he was ousted for no good reason and is owed money for years of work setting up the business.
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October 15, 2024
Paralegals Say Texas Personal Injury Law Firm Owes Them OT
A Texas personal injury law firm failed to pay its employees for overtime and tried to put off back pay in order to buy time, nine paralegals said in a proposed collective action filed in federal court on Tuesday.
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October 15, 2024
WWE Accuser Ties Conn. Physical Therapist To Alleged Abuse
A former legal staffer accusing World Wrestling Entertainment Inc. and former leader Vince McMahon of sex trafficking has linked a physical therapist, who she referenced in her federal complaint, with a Connecticut doctor and medical practice she is pursuing in state court for information about her treatments.
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October 15, 2024
Qorvo Follows $39M Jury Win With Trade Secrets Purge Order
A federal judge said wireless company Qorvo Inc. is entitled to permanent injunctions blocking Akoustis Technologies Inc. from infringing two acoustic wave resonator patents and another order requiring the "purging" of all misappropriated trade secrets from Akoustis' systems on top of a $39 million verdict in favor of the business.
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October 15, 2024
Chicago Workers Can't Pursue Vax Policy 'Fishing Expedition'
An Illinois state appellate panel has backed a trial court's decision to toss a group of Chicago employees' lawsuit accusing the city of illegally adopting its COVID-19 vaccination policy, agreeing the workers have no legal basis for their claim.
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October 15, 2024
Law Firms Diverge As Anti-ESG Pushback Continues
A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.
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October 15, 2024
The 2024 Law360 Pulse Social Impact Leaders
Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.
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October 15, 2024
U. Of Kentucky Axes Religious Challenge To COVID Vax Policy
The Sixth Circuit upheld the University of Kentucky's win in a department manager's suit claiming she was forced into retirement after opposing its COVID-19 vaccine and testing mandate because of her religious convictions, ruling her case lacked proof of her beliefs.
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October 15, 2024
High Court Rejects Emergency NLRB Constitutional Challenge
In the first case related to the National Labor Relations Board's constitutionality to reach the U.S. Supreme Court, Justice Brett Kavanaugh on Tuesday denied a car parts maker an emergency injunction that would've blocked the agency from pursuing a labor lawsuit.
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October 15, 2024
Justices Won't Hear Suit Over Marine Recruit Crash Death
The U.S. Supreme Court on Tuesday denied a petition from a Marine recruit's family to review the dismissal of a suit over the recruit's death, leaving in place a Third Circuit decision finding that his recruiter had immunity for the claims.
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October 15, 2024
High Court Won't Review Constitutionality Of Calif.'s AB 5
The U.S. Supreme Court on Tuesday declined Postmates and Uber's request to review a Ninth Circuit ruling that said California's worker classification law is constitutional and does not strip the gig economy giants of equal protection under the law.
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October 11, 2024
Boeing Cuts 17K Jobs, Hits Union With Bargaining Charges
Boeing's new chief executive on Friday said the aerospace giant will cut its workforce by about 17,000 jobs as part of a restructuring effort as the company enters a new chapter of regulatory scrutiny and production delays, a day after accusing the union representing striking factory workers of bad-faith bargaining.
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October 11, 2024
Employment Authority: High Court To Take On 'Majority' Bias
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how so-called reverse discrimination cases could rise if the U.S. Supreme Court nixes a legal test in "majority" group bias cases, how employers can remain compliant with wage and hour laws even during natural disasters, and how the National Labor Relations Board could expect to shift under a Trump presidency.
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October 11, 2024
Up Next At High Court: CBD Injuries & The Clean Water Act
The U.S. Supreme Court will be closed Monday, but the justices will return to the bench Tuesday to hear arguments over whether the federal Racketeering Influenced and Corrupt Organizations Act allows litigants to pursue claims of economic harm tied to personal injuries, and how specific pollutant discharge limits have to be under the Clean Water Act.
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October 11, 2024
Combs To Remain In Jail While 2nd Circ. Bail Appeal Plays Out
Sean "Diddy" Combs will likely remain in custody on sex-trafficking charges until at least November, after a Second Circuit judge said a complete appeals court panel must decide whether the hip-hop mogul is a danger to the community.
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October 11, 2024
Judge OKs Deal In One Of EEOC's First PWFA Suits
A Florida federal judge on Friday approved a nearly $100,000 consent decree between a Florida resort and a line cook fired when she requested time off after a stillbirth, in one of the U.S. Equal Employment Opportunity Commission's first batch of cases accusing employers of violating the Pregnant Workers Fairness Act.
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October 11, 2024
Medytox Loses ITC Fight Over Antiwrinkle Trade Secrets Use
The U.S. International Trade Commission has backed a finding that medical aesthetic provider Medytox Inc. failed to prove that two other companies wrongly used its antiwrinkle biotechnology to create another product.
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October 11, 2024
IBM Unit Wants To Undo 'Troubling' Defamation Case Ruling
An IBM unit has asked the Fourth Circuit to revive its lawsuit alleging a former executive's defamatory statements nearly killed a major acquisition, arguing that a lower court attempted to inject a new standard into its analysis.
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October 11, 2024
NCAA Says SD Suit Over NIL Deal Belongs In Federal Court
The NCAA has removed to federal court a lawsuit filed by South Dakota's attorney general that argues the organization's proposed $2.78 billion name, image and likeness settlement unlawfully tosses its guiding principle of amateurism.
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October 11, 2024
Seattle Police Guild Tells Judge Shooting Didn't Warrant Firing
A Seattle police officers' union argued in Washington state court on Friday a former cop acted reasonably when she shot at a suspect fleeing in a stolen vehicle, defending an arbitrator's decision to downgrade her firing to a 60-day suspension amid a challenge by the city.
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October 11, 2024
High Court Bar's Future: Stanford Law's Easha Anand
Fresh off her shot-from-a-cannon debut during the U.S. Supreme Court's previous term, Easha Anand of Stanford Law School is moving full steam ahead into the new term, arguing Tuesday against one of the nation's most accomplished oral advocates. If things go as usual, Anand says she'll have nerves "out the wazoo" before and even after the showdown — but none at all when staying calm matters most.
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October 11, 2024
Cable Co. CEO Says Buyer Fired Him In Violation Of Deal
An owner of a Colorado aerospace manufacturing company is suing a buyer in state court for allegedly violating the terms of their asset purchase deal, claiming the buyer fabricated a reason to fire him as CEO in order to avoid paying half a million dollars that it would otherwise owe to his company.
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October 11, 2024
3rd Circ. Won't Deem Bus Driver's Migraines FMLA-Eligible
A Pennsylvania public transit employee didn't have the requisite "serious health condition" to back his workplace retaliation claims under the federal Family Medical Leave Act, the Third Circuit ruled Friday, declining to reinstate a trial victory for the bus driver.
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October 11, 2024
No Coverage For Wage Disclosure Suits, Insurer Says
An insurer said it has no duty to defend or indemnify two restaurant franchise operators accused of violating Washington's Equal Pay and Opportunities Act, telling a federal court that the allegations do not trigger coverage under an employment practices liability insurance policy.
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October 11, 2024
Babson College, South Asian Professor Resolve Bias Suit
A former Babson College professor of South Asian descent has resolved a suit alleging she was demeaned by a white male colleague and blocked by the school from advancing her career.
Expert Analysis
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Roundup
After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.
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Opinion
FIFA Maternity Policy Shows Need For Federal Paid Leave
While FIFA and other employers taking steps to provide paid parental leave should be applauded, the U.S. deserves a red card for being the only rich nation in the world that offers no such leave, says Dacey Romberg at Sanford Heisler.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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What 2 Rulings On Standing Mean For DEI Litigation
Recent federal court decisions in the Fearless Fund and Hello Alice cases shed new light on the ongoing wave of challenges to diversity, equity and inclusion initiatives, with opposite conclusions on whether the plaintiffs had standing to sue, say attorneys at Moore & Van Allen.
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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.