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Employment
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February 26, 2025
7th Circ. Backs Black Mail Carrier Over Remarks From Bosses
The Seventh Circuit said a trial court was too quick to toss a Black former mail carrier's claim that she was harassed when supervisors at the U.S. Postal Service called her "the help," ruling that the comments were frequent enough to show the mistreatment was pervasive.
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February 26, 2025
Paralegal Wants Firm's Counterclaim In OT Suit Axed
An El Paso, Texas, law firm's accusation that a paralegal's suit for unpaid overtime is an "attempt to extort money" should not stand, the worker told a Texas federal court, arguing the counterclaim she is facing has nothing to do with her allegations.
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February 26, 2025
Dollar Tree Reaches Deal To Exit Manager's FMLA Suit
Dollar Tree struck a deal to resolve a former manager's lawsuit accusing the company of interfering with her rights under the Family and Medical Leave Act when she asked to take time off to care for her disabled son, a filing in Pennsylvania federal court said.
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February 26, 2025
Supreme Court Backs Broad View Of Lawsuit Revival Rule
Despite fears of "litigation gamesmanship," the U.S. Supreme Court held Wednesday that cases dismissed voluntarily can later be eligible for special judicial relief and reopening, even if a statute of limitations would typically block the lawsuit.
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February 25, 2025
Cos. Not In Rush To Abandon DEI Measures, Report Says
Companies don't appear to be dropping their diversity, equity and inclusion efforts in droves even though President Donald Trump's administration has made workplace DEI programs an early target, according to a new report issued by Littler Mendelson PC.
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February 25, 2025
Trump Admin Must Restore Aid By Wed. Night, Court Says
A Washington, D.C., federal judge on Tuesday gave the Trump administration until the end of Wednesday to restore hundreds of millions of dollars in foreign assistance funding, granting aid organizations' second request in a week to enforce the temporary restraining order.
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February 25, 2025
San Francisco Must Face Airline Group's Suit Over Health Law
San Francisco lost its bid to escape an airline industry group's challenge to a healthcare ordinance Tuesday, with a California federal judge ruling that the city and county must face claims that the Healthy Airport Ordinance is preempted by three federal statutes.
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February 25, 2025
DC Judge Blocks Trump's Federal Funding Freeze
A D.C. federal judge on Tuesday issued a preliminary injunction blocking the Trump administration from implementing a federal spending freeze while a group of nonprofits challenge the freeze, calling the measure "ill-conceived from the beginning."
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February 25, 2025
Wage-Fixing Jury Should Hear Of DOJ Pivot, Exec Says
A nursing executive headed for trial next month on wage-fixing charges has urged a Nevada federal judge to let the jury hear that before 2016 the Justice Department didn't view such conduct as criminal, in the lone remaining test of the DOJ's labor antitrust enforcement initiative.
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February 25, 2025
Trump Admin Says 'There Will Continue To Be A CFPB'
The Trump administration denied late Monday that it is planning to eliminate the Consumer Financial Protection Bureau, telling a D.C. federal judge that it had closed the agency's headquarters and benched employees instead partly due to their own "disruptive protests."
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February 25, 2025
Meta Must Face US Citizens' Hiring Bias Suit
A California federal magistrate judge on Tuesday refused to nix a proposed class action alleging Meta intentionally favors H-1B visa holders over U.S. citizens for jobs, referencing statistics showing Meta's H-1B visa holders make up 15% of its workforce, compared to 0.5% for other employers.
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February 25, 2025
Jay-Z's Claims Against Buzbee May Get Trimmed, Judge Says
A California state judge said Tuesday that he's inclined to toss Shawn "Jay-Z" Carter's extortion claims against personal injury lawyer Tony Buzbee and some, but not all, of the rapper's defamation allegations stemming from a now-abandoned rape lawsuit.
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February 25, 2025
How To Track Trump's Legal Battles
President Donald Trump has issued a historic number of executive orders and other actions during his first five weeks back in the White House, eliciting more than 80 legal challenges and setting the stage for major courtroom battles over birthright citizenship, presidential power, the federal government's structure and more. Law360 has created a database to keep track of them all.
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February 25, 2025
WestRock Blamed For Toxic Vapors In Worker's Injury Suit
The WestRock packaging company has been hit with a negligence suit in Washington federal court by a worker who claims exposure to fumes from a chemical spill while doing repairs at a Pacific Northwest paper mill caused him to suffer a collapsed lung and later be diagnosed with a tumor.
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February 25, 2025
PLA Amendment Moots Contractor Dispute, Gov't Says
The federal government has asked the U.S. Court of Federal Claims to dismiss a case challenging the requirement that contractors submit a project labor agreement with their solicitations for government projects, saying the requirement has already been removed from the solicitations at issue.
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February 25, 2025
4th Circ. Shuts Down HHS Chemist's 'Grinch' Harassment Suit
The Fourth Circuit shut down a chemist's bid Tuesday to revive his suit claiming he faced sex bias and retaliatory harassment within the U.S. Department of Health and Human Services when a colleague called him the "Grinch," ruling his case is devoid of proof of discrimination.
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February 25, 2025
6th Circ. Upholds County Employee's Pension Retaliation Win
The Sixth Circuit upheld on Tuesday a $180,000 jury victory in favor of a former Michigan county employee who alleged his pension payments were cut off because he publicly criticized the retirement system, backing a lower court's conclusion that his comments were protected by the First Amendment.
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February 25, 2025
Ex-Privacy Board Members Sue Trump Over Firings
Two Democrats who had served on Congress' privacy watchdog over the executive branch's counterterrorism policies are suing the Trump administration, claiming they were illegally fired from the nonpartisan board to deny it a quorum and end its oversight.
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February 25, 2025
FTC Probing $615M Healthcare Staffing Merger
Talent software and staffing company Aya Healthcare Inc.'s roughly $615 million bid to buy Cross Country Healthcare Inc. and take the staffing and recruitment company private hit a snag last week with a Federal Trade Commission merger probe that prevents the transaction from closing, for now.
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February 25, 2025
5th Circ. Asks NLRB To Back Up Coercion Claim Against Apple
A Fifth Circuit panel asked the National Labor Relations Board to spell out how Apple Inc. was coercive to a worker during a unionization push in New York, pondering Tuesday whether affirming the board's finding would tamp down on the company's freedom of expression.
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February 25, 2025
Payments Weren't Admission Philly Cop Got COVID At Work
A Philadelphia police officer's "excused time," or E-Time, payments when he contracted COVID-19 were not a substitute for workers' compensation or an acknowledgment that he caught the disease on the job, so a state appellate court said Tuesday that he could not reinstate those payments under the workers' comp law.
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February 25, 2025
Insulet May Face Choice: $452M Award Or Stifling Rival
A Boston federal judge on Tuesday suggested that a medical device maker could have to choose between portions of its nine-figure trade secrets verdict it won against a rival or its request for a court order to permanently block sales of products based on the stolen technologies.
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February 25, 2025
Attys Seek $1.7M Fees For Union 401(k) Plan Case Settlement
Lawyers for two elevator company employees who settled a proposed class action against their union's retirement plan for $5 million asked a Pennsylvania federal judge to approve about $1.7 million in attorney fees, saying it represents the standard one-third fee dispensed in these cases.
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February 25, 2025
5th Circ. Eyes Congress' Quorum As Texas Fights PWFA
The Fifth Circuit grappled Tuesday with whether the U.S. Equal Employment Opportunity Commission was rightly blocked from enforcing the Pregnant Workers Fairness Act against the state of Texas, with several judges struggling to pinpoint whether the U.S. Constitution requires lawmakers' physical presence to have a quorum.
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February 25, 2025
Fired Worker Couldn't Justify COVID Vax Refusal, 3rd Circ. Says
A software engineer who refused to comply with his company's COVID-19 vaccine policy couldn't claim he had a "sincere religious objection" while shielding his medical records from disclosure and vacillating on his reasons, a Third Circuit panel ruled Tuesday.
Expert Analysis
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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.
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A Look At The Hefty Demands In Calif. Employer AI Draft Regs
California's draft regulations on artificial intelligence use in employment decisions show that the California Privacy Protection Agency is positioning itself as a de facto AI regulator for the state, which isn't waiting around for federal legislation, says Lily Li at Metaverse Law.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Cos. Should Inventory Issues To Prep For New Congress
As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.
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Navigating DOJ's Patchwork Whistleblower Regime
In the past few months, the U.S. Department of Justice and several individual U.S. attorney’s offices have issued different pilot programs aimed at incentivizing individuals to blow the whistle on misconduct, but this piecemeal approach may create confusion and suboptimal outcomes, say attorneys at BakerHostetler.
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What To Expect From State AGs As Federal Control Changes
Under the next Trump administration, Democratic attorneys general are poised to strengthen enforcement in certain areas as Republican attorneys general continue their efforts with stronger federal support — resulting in a confusing patchwork of policies that create unintended liabilities for businesses operating in multiple jurisdictions, say attorneys at Morgan Lewis.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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When Arbitration Is Effective For Employment And IP Cases
Widespread adoption of arbitration has revolutionized conflict resolution in employment law, and the benefits of speed, expertise and confidentiality make it an increasingly attractive alternative for resolving patent conflicts — but arbitration is not a silver bullet, say Brandon Miller at Fisher Phillips and Camilla Bykhovsky at Turner Boyd.
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Class Actions At The Circuit Courts: November Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.
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Loper Bright Offers New Materiality Defense To FCA Liability
The U.S. Supreme Court's decision in Loper Bight Enterprises v. Raimondo, ending Chevron deference, may have created a new defense to False Claims Act liability by providing the opportunity to argue that a given regulation is not material to the government's payment decision, says Tanner Cook at Husch Blackwell.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Opinion
Preserving The FCA Is Crucial In Trump's 2nd Term
While the Trump administration may pursue weaker False Claims Act enforcement, it remains an essential tool in safeguarding public funds and maintaining corporate accountability, so now is not the time to undermine ethical behavior, or reduce protections and incentives for whistleblowers, says Adam Pollock at Pollock Cohen.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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Dissecting New Circuit Split Over SEC's Proxy Adviser Rule
The Sixth Circuit recently upheld the U.S. Securities and Exchange Commission's partial rescission of enhanced conflict-of-interest disclosure requirements for proxy voting advice businesses, creating a circuit split over broader questions concerning the standard for assessing the legality of agency actions in general, say attorneys at Cahill Gordon.
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Federal Salary History Ban's Reach Is Limited
Though a newly effective Office of Personnel Management rule takes important steps by banning federal employers from considering job applicants' nonfederal salary histories, the rule's narrow applicability and overconfidence in the existing system's fairness will likely not end persistent pay inequities, says Margaret House at Kalijarvi Chuzi.