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Employment
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November 14, 2024
UPS Driver's Class Claims Can Stay In Court, Judge Says
UPS can't make a driver arbitrate his sick leave and wage class claims against the company, a Colorado federal judge ruled, finding the plaintiff is part of a group of workers who are exempt under federal arbitration law because their jobs are linked to interstate commerce.
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November 14, 2024
Notice Ruling For Mich. Claims Not Retroactive, Panel Says
A Michigan Supreme Court ruling enforcing a notice requirement for lawsuits filed against the state government does not apply retroactively to cases filed in the last few years because it "reflected a 180-degree change in the law," a Michigan Court of Appeals panel said Wednesday.
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November 14, 2024
Soldier Wants 4th Circ. Redo In Fluor Bombing Case
An American soldier who was left with multiple neurological disabilities after a suicide bombing at Bagram Airfield in Afghanistan called for a rehearing on the Fourth Circuit's split panel decision not to revive his tort claims against Fluor Corp., the contractor who hired the bomber to work the airfield.
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November 14, 2024
South Dakota Slams NCAA Over NIL Settlement 'Notice'
South Dakota's attorney general has continued lodging criticism at the NCAA over its handling of a massive lawsuit related to the way student-athletes are compensated, telling a California federal judge the organization has failed to properly notify the state and others of a preliminary $2.78 billion settlement.
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November 14, 2024
Seton Hall Says No Impropriety, No Whistleblower Case Move
Counsel for Seton Hall University urged a New Jersey judge Thursday to return a whistleblower suit by the school's former president to the court where it was originally filed, arguing that its transfer from Essex County to Hudson County to avoid a potential conflict was a waste of time and resources.
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November 14, 2024
Ex-Jones Day Attys Say Firm Can't Hide Family Leave Memo
Two married ex-associates suing Jones Day over its allegedly discriminatory family leave policy want the firm to hand over a memo from 1994, which they claim could be key to the bitterly contested case.
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November 14, 2024
Ex-Worker Says Johnson & Johnson Fired Her For Disabilities
Johnson & Johnson was sued in Georgia federal court Wednesday by a former employee who said she was discriminated against for her disabilities, then fired for failing to relocate to New Jersey despite an agreement allowing her to work remotely from any East Coast location.
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November 14, 2024
MVP: Gibson Dunn's Jason Schwartz
Jason C. Schwartz, a partner at Gibson Dunn & Crutcher LLP, secured rulings from the bench in a case about his client Fearless Foundation's awarding of grants to Black female entrepreneurs and in another dispute representing DraftKings as the company sought to stop a former executive from soliciting customers ahead of the Super Bowl, earning him a spot as one of the 2024 Law360 Employment MVPs.
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November 14, 2024
MVP: Hogan Lovells' Jessica Ellsworth
Jessica Ellsworth of Hogan Lovells' appellate practice argued in the U.S. Supreme Court on behalf of Danco Laboratories, leading to the overturning of a decision that threatened to block access to the company's abortion medication, and on behalf of Coinbase, resulting in a holding that it is up to judges, not arbitrators, to figure out if contracts between businesses and consumers have subtly superseded earlier agreements to proceed in arbitration rather than litigation. The back-to-back arguments helped earn her a spot as one of the 2024 Law360 Appellate MVPs.
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November 13, 2024
Instagrammer Sues Dad Over Ouster From Vape Co., IP Usage
Instagram celebrity Dan Bilzerian claims his vape and lifestyle brand was hijacked by his dad and others, according to a Nevada federal lawsuit which accuses them of stealing his likeness and running his name through the mud.
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November 13, 2024
Judge Won't Rethink Mootness Of Air Force Vax Mandate Suit
A Georgia federal judge on Tuesday refused to reconsider his finding that a challenge by U.S. Air Force personnel to the military's now-rescinded COVID-19 vaccination mandate on religious grounds is moot, holding there is no live controversy to keep the case going.
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November 13, 2024
Ranches Say Renewed Wage Suppression Suit Still Deficient
The Western Range Association asked a Nevada federal judge to dismiss a revised suit from a sheepherder alleging he was kept in "indentured servitude," arguing that it and its members are a common enterprise incapable of conspiring to fix wages.
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November 13, 2024
Premier Health Client Wants Out Of Ex-Director's Age Bias Suit
University of Louisville Health has said it does not belong in an age bias suit brought against Premier Healthcare Solutions Inc. by one of the latter firm's former regional directors, arguing that it should be dismissed from the former worker's suit because he fell short on procedural requirements.
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November 13, 2024
2nd Circ. Doubts Bakery Drivers Fall Under Arb. Requirements
A Second Circuit panel seemed to express skepticism Wednesday over a baked goods company's argument that its products' delivery drivers are not exempt from federal arbitration requirements as interstate transportation workers, weighing in on an independent contractor classification suit that went to the U.S. Supreme Court.
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November 13, 2024
Highway Workers Reach Deal In Misclassification Row
Three construction firms have agreed to settle a False Claims Act suit after the U.S. Department of Labor agreed with an electrical workers union and a whistleblower that a subcontractor misclassified employees who worked on 25 federally funded highway projects in Pennsylvania.
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November 13, 2024
Couple Sues Poultry Processor For Harassment, Retaliation
Poultry processing company Sanderson Farms was sued in Georgia federal court Tuesday by a couple who alleges they were fired for reporting sexual harassment and retaliation they suffered at the hands of managers and co-workers.
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November 13, 2024
Detroit Tigers Argue Ex-VP Fired Due To COVID, Not Bias
The Detroit Tigers have asked the court to rule in their favor in a discrimination suit filed in Michigan federal court by a Black former executive who said she was terminated due to her race and age, arguing there were legitimate reasons for workforce reductions amid the COVID-19 pandemic in 2020.
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November 13, 2024
4th Circ. Won't Rethink Ex-Development Director's Wage Case
The Fourth Circuit declined Wednesday to reconsider its decision affirming a North Carolina city's win on a former development director's claims for unpaid overtime, turning down the former employee's argument that the record did not make clear that she was classified as exempt under federal law.
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November 13, 2024
Former Fla. Law Prof Turns To 11th Circ. For Reinstatement
A former tenured professor at Florida A&M University College of Law has asked the Eleventh Circuit to be reinstated, arguing that the university wrongly terminated her in retaliation for suing it under the federal Equal Pay Act.
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November 13, 2024
Groom Law Atty To Lead Morris Manning Benefits Group In DC
A former Groom Law Group principal who spent almost 15 years with that firm has moved to Morris Manning Martin LLP to lead its employee benefits and executive compensation practice in Washington, D.C., the firm announced Tuesday.
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November 13, 2024
Paralegal Says She's Owed For Work On Stuart Scott Estate
A former paralegal at the disbanded Hartford, Connecticut-based firm Rome McGuigan PC claims in a recently filed suit that she is owed $50,000 for work she performed while the firm represented the estate of legendary ESPN anchor Stuart Scott.
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November 13, 2024
Connecticut Atty Frees AAA From Firm Break-Up Spat
Connecticut attorney Andrew P. Garza has removed the American Arbitration Association as a defendant from a lawsuit seeking to block his former 50-50 partner Ryan C. McKeen from arbitrating a dispute about their law firm's breakup, according to a withdrawal notice filed Tuesday in state court.
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November 13, 2024
NY Suit Co. Says Union Fund Can't Bypass Trial In Debt Fight
A Rochester, New York, suit manufacturer shouldn't have to pay $6.2 million to a union healthcare fund before standing trial on claims that it defrauded the fund and violated federal benefits law, the manufacturer told a federal judge.
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November 13, 2024
Kohl's Accused Of Cheating Calif. Workers Out Of OT, Breaks
Department store chain Kohl's engaged in a series of wage and hour violations in California, including failing to pay overtime to nonexempt employees and failing to provide meal and rest breaks, a worker told a state court.
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November 13, 2024
NLRB Outlaws Captive Audience Meetings
The National Labor Relations Board issued an eagerly awaited decision Wednesday curbing a go-to tactic for employers battling union drives, holding that so-called captive audience meetings violate federal labor law.
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.