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Employment
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February 05, 2025
Cuts To Medicaid Will Devastate Tribal Healthcare, Experts Say
As talks of big funding slashes to Medicaid loom among federal lawmakers, Indigenous communities say they will face devastating losses if any anticipated legislation passes, leading to cuts in Indian Country's healthcare workforce, a large gap in services for children and a rise in preventable illnesses.
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February 05, 2025
Blake Lively Sued By PR Rep Over 'It Ends With Us' Claims
Another front has opened in the messy legal drama over the movie "It Ends With Us," as an Austin-based public relations consultant filed a defamation suit in Texas federal court alleging Blake Lively falsely roped him into her headline-making sexual harassment and retaliation claims.
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February 05, 2025
Ex-Atlanta Private School Teacher Drops Race Bias Suit
A Georgia educator and the affluent Atlanta private school she sued over alleged racial discrimination by administrators agreed Tuesday to end their litigation after a federal magistrate judge previously recommended that her claims be tossed.
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February 05, 2025
College Baseball Player Seeks Pause Of NCAA Eligibility Rule
A college baseball player on Wednesday asked a Massachusetts federal court to temporarily pause the NCAA's five-year rule that the organization cited in denying him one more year of eligibility, in yet another lawsuit challenging the regulation.
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February 05, 2025
2nd Circ. Says Xerox Must Arbitrate Union's Benefits Dispute
The Second Circuit upended on Wednesday an order in favor of Xerox in a union's challenge to the company's decision to terminate health benefits for more than 2,000 retirees, saying the parties can arbitrate the dispute despite the collective bargaining agreement, or CBA, between them having expired.
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February 05, 2025
NJ Supreme Court Will Review Immigrant's Wage Case
The New Jersey Supreme Court said it will review rulings that denied a bid for unpaid wages by an immigrant living in the country without legal permission, which stemmed from an arrangement that had him performing tasks for a property management company in exchange for an apartment.
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February 05, 2025
Va. Law Firm Ends Ex-Worker's Harassment, Retaliation Suit
A Virginia law firm has agreed to resolve a former accounts payable specialist's lawsuit claiming she was fired for repeatedly complaining that a male contractor followed her to the restroom and acted threateningly toward her, according to a Wednesday federal court filing.
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February 05, 2025
Goldstein, Saying He's Mired In Debt, Asks To Redo Bail Terms
Prominent U.S. Supreme Court attorney and SCOTUSblog publisher Tom Goldstein has a negative net worth of more than $3.3 million and is mired in debt to his attorneys, he said in a filing Wednesday seeking to modify the conditions of his release ahead of a trial on federal criminal tax evasion charges.
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February 05, 2025
Justices' Ruling Nixes Md. Court's FLSA Order, 4th Circ. Told
A Maryland federal court's decision imposing a stricter standard for an employer to claim an overtime exemption is no longer valid after the U.S. Supreme Court said the heightened evidence standard isn't necessary, an international food distributor told the Fourth Circuit.
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February 05, 2025
Feds Must Face Air Marshal Union's Harassment Claims
Three government agencies must face claims they engaged in union-busting tactics when dealing with federal air marshals in Philadelphia, with a Pennsylvania federal judge preserving most of a union's lawsuit against the U.S. Department of Homeland Security, the Transportation Security Administration and the Federal Air Marshal Service.
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February 05, 2025
Ex-CBD Co. Franchisee Says Magistrate Can't Rule On DQ Bid
A former franchisee for CBD company American Shaman Franchise System LLC on Wednesday objected to an order from a magistrate judge rejecting his bid to disqualify her, saying that a magistrate judge has no authority to decide on a posttrial motion.
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February 05, 2025
Wagner Law Scoops Up Benefits Expert From Paul Hastings
The Wagner Law Group has added a benefits and executive compensation attorney from Paul Hastings LLP to its ranks in Washington, D.C., picking up a lawyer who can draw on almost three decades of experience to assist the boutique firm's clients.
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February 05, 2025
11th Circ. Backs Navy Win In IT Worker's Promotion Bias Suit
The Eleventh Circuit upheld the U.S. Navy's defeat of a civilian tech employee's suit claiming he was passed over for several promotions because he was Hispanic and in his 50s, saying he failed to show that supervisors considered his age or race when making decisions.
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February 05, 2025
Women's Soccer League Will Pay $5M To Abused Players
The National Women's Soccer League on Wednesday agreed to a $5 million settlement with a trio of attorneys general that had been investigating the league's widespread mistreatment of its players.
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February 05, 2025
Fired NLRB Member Sues In Test Of President's Power
Fired NLRB member Gwynne Wilcox challenged her removal in federal court Wednesday, arguing in a test of 90-year-old Supreme Court precedent that the National Labor Relations Act blocked her ouster.
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February 04, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
February is off to a rip-roaring start in several circuits, and there's plenty more action ahead, including a moment of truth for judiciary policymaking that has managed to anger both the defense and plaintiffs bars. We'll explore all that in this edition of Wheeling & Appealing, which also includes an appellate quiz pegged to recent presidential news.
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February 04, 2025
Federal Unions Challenge Trump's 'Fork' Resignation Program
Unions representing federal employees slammed the Trump administration's "deferred resignation" offer in a federal lawsuit filed Tuesday in Massachusetts, saying the "Fork in the Road" directive is an unlawful pretext for replacing government workers based on their ideology.
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February 04, 2025
Amazon Wants Drivers Locked Out Of Collective Wage Suit
Amazon is asking a Washington federal judge to oust nearly a dozen plaintiffs from a collective action accusing the e-commerce giant of misclassifying Amazon Flex delivery drivers as independent contractors, claiming the individuals failed to comply with a court-ordered discovery deadline last month.
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February 04, 2025
Baltimore, Advocacy Groups Sue Trump Over Anti-DEI Orders
The city of Baltimore and a coalition of academic and restaurant advocacy groups hit the Trump administration with a suit Monday in Maryland federal court over the president's push to curtail diversity, equity and inclusion programs, saying his executive orders are unlawfully vague and block Congress' constitutional power of the purse.
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February 04, 2025
FCC Drops 5th Circ. Defense Of Nonbinary Gender Category
The Federal Communications Commission will no longer defend a nonbinary gender category on its employment diversity forms amid challenges brought by religious broadcasters in the Fifth Circuit, where judges grilled the FCC on Tuesday about its authority to collect and publish industry data on employee diversity.
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February 04, 2025
Ex-Philly Union Head's Nephew Avoids Jail In Extortion Case
The nephew of a now-imprisoned former leader of the International Brotherhood of Electrical Workers Local 98 received a nonincarceratory sentence in Philadelphia federal court Tuesday after admitting that he tried to violently extort a casino contractor out of undeserved pay.
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February 04, 2025
Ill. Panel Upholds Barge Worker's $3.3M Jury Award
An Illinois state appeals court on Tuesday affirmed a $3.31 million jury award and a directed verdict in favor of a man who was severely injured while working on a barge crew, saying it was an appropriate sanction for the defendant's attorney revealing the substance of trial testimony to a witness.
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February 04, 2025
Swimmers Again Seek Cert., With 9th Circ's Reversal In Hand
Professional swimmers have again asked a California federal judge to certify hundreds of competitors accusing swimming's international governing body of organizing a group boycott against an upstart league, now armed with a Ninth Circuit decision that both revived their case and said class certification was improperly denied.
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February 04, 2025
Trump Trans Care Order Usurps Congress' Power, Suit Says
The Trump administration overstepped when it issued an executive order cutting off gender-affirming care for people under 19, a group of transgender adolescents, young adults and their families told a Maryland federal court Tuesday, arguing the president is trying to usurp Congressional authority by forcing federally funded hospitals to discriminate.
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February 04, 2025
Ex-Meta Marketing Director Alleges Sex Bias, Retaliation
A former Meta marketing director sued the tech giant in federal court Monday for sex discrimination and retaliation, saying despite her "distinguished" 15 years working to grow the company, she was treated differently than male peers, chastised for complaining about bias and discrimination, and booted after taking mental health leave.
Expert Analysis
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How Cos. Can Protect Supply Chains During The Port Strike
With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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4 Ways To Prepare For DOD Cyber Certification Rule
Given the U.S. Department of Justice's increased scrutiny of contractor compliance with cybersecurity requirements, it is critical that contractors take certain steps now in response to the U.S. Department of Defense's proposed Cybersecurity Maturity Model Certification implementation rule, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Key Takeaways From DOJ's New Corp. Compliance Guidance
The U.S. Department of Justice’s updated guidance to federal prosecutors on evaluating corporate compliance programs addresses how entities manage new technology-related risks and expands on preexisting policies, providing key insights for companies about increasing regulatory expectations, say attorneys at Debevoise.
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The Key Changes In Revised FDIC Hiring Regulations
Attorneys at Ogletree break down the Federal Deposit Insurance Corp.'s new rule, effective Oct. 1, that will ease restrictions on financial institutions hiring employees with criminal histories, amend the FDIC's treatment of minor offenses and clarify its stance on expunged or dismissed criminal records.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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How Lucia, Jarkesy Could Affect Grocery Merger Challenge
While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.
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6 Tips For Trying Cases Away From Home
Excerpt from Practical Guidance
A truly national litigation practice, by definition, often requires trying cases in jurisdictions across the country, which presents unique challenges that require methodical preparation and coordination both within the trial team and externally, say Edward Bennett and Suzanne Salgado at Williams & Connolly.
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How NLRB Memo Balances Schools' Labor, Privacy Concerns
Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.
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Employer Tips For PUMP Act Compliance As Law Turns 2
Enacted in December 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act requires employers to provide reasonable break time and a private space for employees to express breast milk, but some companies may still be struggling with how to comply, say attorneys at Alston & Bird.
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A Blueprint For Structuring An Effective Plaintiff Case Story
The number and size of nuclear verdicts continue to rise, in part because plaintiffs attorneys have become more adept at crafting compelling trial stories — and an analysis of these success stories reveals a 10-part framework for structuring an effective case narrative, says Jonathan Ross at Decision Analysis.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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And Now A Word From The Panel: The MDL Map
An intriguing yet unpredictable facet of multidistrict litigation practice is venue selection for new MDL proceedings, and the Judicial Panel on Multidistrict Litigation considers many factors when it assigns an MDL venue, says Alan Rothman at Sidley Austin.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.