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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.
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October 11, 2024
Michigan Tech Wants New Trial In Prof's Pregnancy Bias Case
Michigan Technological University has asked a judge to toss a jury verdict in favor of a former professor in a pregnancy discrimination case, saying evidence related to the professor's theory that the college was planning to deny her tenure should have been kept out of trial.
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October 11, 2024
Gruden Gets Another Play, Could Keep NFL Suit In Court
Former Las Vegas Raiders coach Jon Gruden will have another shot to keep from arbitration his case over the NFL's alleged torpedoing of his contract with leaks of his inflammatory emails, as the entire Nevada Supreme Court will consider the proper venue for the heated dispute.
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October 11, 2024
Weinstein Charges Should Be Combined For Retrial, DA Says
Prosecutors asked a New York state court judge to consolidate Harvey Weinstein's 2018 rape indictment with newly filed sexual assault charges ahead of his retrial, panning the former Hollywood producer's "creative" arguments for separate trials.
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October 11, 2024
Off The Bench: NCAA's NIL Deal Advances, QB Settles Again
In this week's Off The Bench, the NCAA and the athletes suing it over name, image and likeness money satisfy a judge with their proposed settlement revisions, an NFL quarterback settles yet another sexual assault accusation, and a legal battle between the NFL and one of its former reporters ends amicably.
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October 11, 2024
'Bloodsport' Poaching Case To Mediate After Disputed Verdict
An exasperated Boston federal judge on Friday talked two rival medical aesthetic device companies into a round of mediation with a magistrate judge to see if they could wrap up the fiercely litigated poaching case that's already resulted in a contested eight-figure verdict.
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October 11, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen billionaire Lakshmi Mittal sue steel magnate Sanjeev Gupta in a long-running clash to claw back €140 million ($153 million) of debt, a high-profile AI researcher take action against the Intellectual Property Office to register his software as a listed patent inventor and troubled housing trust Home Reit face a claim by a real estate developer. Here, Law360 looks at these and other new claims in the U.K.
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October 11, 2024
Texas Hospital Settles Layoffs, Benefits Contributions Suit
A Texas hospital has agreed to settle a proposed class action alleging it laid off approximately one-third of its workforce without warning and unlawfully held onto employees' health insurance premiums and 401(k) contributions, according to a federal court filing.
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October 11, 2024
Staffing Co. Cuts Deal To End Travel Nurses' Pay Claims
A staffing firm agreed to pay nurses $500 each to end allegations that it lured them to work at COVID-19 testing clinics in Fort Lauderdale, Florida, by making wage promises it never fulfilled, a filing in Georgia federal court said.
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October 11, 2024
Nursing Home Operator Hit With OT Suit In Ohio
A nursing home operator unlawfully denied certified nursing assistants overtime pay and also docked their pay for meal breaks that were never taken, according to a proposed class action filed in Ohio federal court.
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October 11, 2024
TransUnion Agrees To Settle Suit Over Inaccurate Report
A Texas man who claims he lost a job opportunity after a faulty TransUnion background check identified him as a "drug offender" has agreed to end his lawsuit against the company, reaching a tentative settlement.
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October 10, 2024
FTC's Final Merger Filings Overhaul Drops Labor Market Look
The Federal Trade Commission on Thursday finalized its long-awaited overhaul to U.S. merger filing rules, dropping initial proposed requirements to submit preliminary deal drafts and labor market details, while also reinstating the "early termination" of reviews of benign tie-ups.
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October 10, 2024
Ousted Chair's Claims To Go Before Arbitrator, Judge Says
A New York federal judge ruled that an arbitrator must decide whether the ousted former chairperson of software investment company The Resource Group International Ltd., who was forced to resign in late 2021 following a widely reported sexual harassment scandal, can pursue some of his claims in arbitration.
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October 10, 2024
Ye Investigated Kardashians For Sex Trafficking, Suit Says
A former worker for Ye's short-lived presidential campaign sued in California state court Thursday alleging the Grammy-winning rapper had him investigate the Kardashian family for alleged sex trafficking before their relationship soured and Ye threatened to kill him.
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October 10, 2024
Most Appian Claims Survive In Pegasystems Defamation Fight
A Massachusetts federal judge has allowed most counterclaims from business software company Appian Corp. to proceed against rival Pegasystems Inc., which accused its competitor in a lawsuit of making deliberately malicious statements and representations regarding a trade secret case the parties are litigating in Virginia.
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October 10, 2024
3M Can't Put Pause On Connecticut Firefighters' PFAS Suit
A Connecticut federal judge on Thursday declined to let 3M Co. and other companies put a stay on a proposed class action by firefighters alleging their turnout gear contains so-called forever chemicals while the Judicial Panel on Multidistrict Litigation decides whether to roll it into a South Carolina MDL.
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October 10, 2024
Twitter Judge Seeks More Info On Cert. Bid In Layoff Fight
A California federal judge declined to rule Thursday on a request to certify a class of 115 ex-Twitter workers who claim they were booted without proper notice after Elon Musk acquired the company, saying he wanted more information after learning that most signed arbitration agreements.
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October 10, 2024
Ga. Container Co. Hit With Data Breach Lawsuit
A Georgia-based manufacturer and global supplier of blow-molded plastic containers has been hit with a proposed class action in federal court over a December 2023 data breach that allegedly exposed the personal information of more than 30,000 people who were not notified about the hack until this month.
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October 10, 2024
IRS Says It's Stepping Up Worker Credit Claims Processing
The Internal Revenue Service said Thursday it's accelerating processing of claims for pandemic-era worker credits after a moratorium triggered by what the agency has said was widespread fraud.
Expert Analysis
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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.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.