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Employment
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April 02, 2025
MLB Club Settles Deaf Job Seeker's Discrimination Suit
The Atlanta Braves agreed to settle a suit alleging they turned down an information technology director candidate because they believed his deafness would have caused issues for the organization, according to a filing in Georgia federal court.
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April 02, 2025
3rd Circ. Says CVS Sex Bias Arbitration Fight Needs 2nd Look
The Third Circuit on Wednesday rejected a former CVS worker's argument that a 2022 federal law shielded her sex harassment case from mandatory arbitration, but it revived her suit to give the trial court a chance to explore whether the arbitration pact at issue was valid.
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April 02, 2025
Justices Broaden RICO Reach To Personal Injuries
The U.S. Supreme Court on Wednesday expanded the type of civil actions that can be brought under a federal racketeering statute, asserting that claims stemming from personal injuries are redressable if they can be shown to have caused economic harm.
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April 01, 2025
Trump Admin Layoffs 'Probably Broke Laws,' Judge Says
A Maryland federal judge ruled Tuesday that the Trump administration "probably broke the laws that regulate en masse terminations of government employees," ordering the federal government to reinstate thousands of probationary employees who were abruptly fired from their jobs in 19 states and the District of Columbia.
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April 01, 2025
Ex-Microsoft Manager Says He Was Fired For Whistleblowing
A former project manager for Microsoft says he was fired after flagging compliance issues and misconduct, including being forced to leak sensitive data from client Freddie Mac's workforce platform and being asked to falsify a report to cover up fraud, according to a suit filed Monday in Texas federal court.
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April 01, 2025
9th Circ. Won't Revive Wash. Atty's Bias Firing Suit
An attorney can't revive his complaint alleging the Washington State Attorney General's Office fired him based on his PTSD diagnosis linked to being a closeted gay Mormon youth, after the Ninth Circuit said the case was time-barred and was an attempt to relitigate claims already tossed.
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April 01, 2025
AG Paxton Objects To Whistleblowers' $2.4M Fee Award
The Texas attorney general's office color-coded over 100 pages of billing records provided by attorneys for its former deputies, telling an Austin court that eight categories of their work should be subtracted from a proposed $2.4 million fee award.
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April 01, 2025
Nurse's Job Denial Dispute With Senior Home Stays In Court
A senior living home operator must face a federal lawsuit claiming it violated the New York City Human Rights Law by retracting a nurse's job offer because she refused to consent to a credit check, a New York federal judge ruled, denying the company's bid to compel arbitration.
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April 01, 2025
7th Circ. Revives Officer's Back Pay Bid In ADA Row
The Seventh Circuit reinstated Tuesday a former corrections officer's back pay request that was rejected by a lower court after a jury found the county sheriff he worked for violated disability bias law by subjecting him to an unnecessary medical exam, but didn't owe him any damages.
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April 01, 2025
Ex-Exec Accuses Deutsche Bank Of Audit Lies, Retaliation
A former high-ranking official with Deutsche Bank has sued the bank for whistleblower retaliation and libel over what he said was a false human resources complaint concocted to fire him for cause after he flagged the bank's alleged lies to federal regulators about operational control issues.
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April 01, 2025
Trump Admin Fights Wash.'s Bid To Expand Layoff Injunction
The Trump administration has urged a California federal judge to reject the state of Washington's request to expand an injunction blocking federal agencies from firing probationary employees, saying the bid to broaden the order to other agencies is unnecessary and based on unfounded speculation of harm.
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April 01, 2025
NBA Wants No Extra Shot At Vax Discrimination Claim For Ref
Former NBA referee Leroy Richardson lost in a "final and binding" arbitration of his religious discrimination claim against the league, and thus should not be awarded a win in his suit over his firing for refusing a COVID-19 vaccination, the NBA has told a New York federal court.
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April 01, 2025
Unions Re-Up Challenge To Trump's Resignation Offer
Federal unions have renewed their challenge to the president's deferred resignation offer, expanding on their members' difficulties and the roadblocks they face to fighting the initiative through agency channels in an apparent effort to address flaws underlying their earlier Massachusetts federal court loss.
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April 01, 2025
College Fired Staffer Over Pro-Palestinian Views, Suit Says
A former Emerson College employee says the school ousted her over her pro-Palestinian political views and decisions to include controversial documentaries dealing with the Israeli-Palestinian conflict in a campus film series, according to a lawsuit filed Tuesday in Massachusetts state court.
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April 01, 2025
Jack Nicklaus Defeats Suit Over NIL Rights
Golfing legend Jack Nicklaus won a ruling in New York state court dismissing claims by his former company over the use of his name, image and likeness.
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April 01, 2025
Mich. Justices Urged To Reject Shorter Worker Suit Deadlines
A trial lawyers' association has advocated for the Michigan Supreme Court to end employers' ability to contractually shorten the limitations period for employee lawsuits, saying such contract terms weaken workers' civil rights protections.
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April 01, 2025
Carnival Biz, H-2B Visa Workers To Settle Wage Suit
A carnival business that tours the East Coast and two H-2B visa workers who alleged that it forced them to work long hours in sometimes dangerous conditions without overtime pay have agreed to settle a proposed class action, according to Virginia federal court records.
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April 01, 2025
Amazon Says Workers Can't Rewrite 2nd Circ.'s Wage Queries
Amazon has asked Connecticut's highest court not to reframe certified Second Circuit questions about whether its employees must be paid while walking to mandatory anti-theft screenings at the ends of their shifts, arguing that state court rules ban them from altering the circuit's words.
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April 01, 2025
Fired NLRB Member Urges Full DC Circ. To Avert 'Crisis'
Fired National Labor Relations Board member Gwynne Wilcox urged the full D.C. Circuit to rethink a panel ruling staying her reinstatement, saying Tuesday that en banc review is "urgently necessary" after a majority enabled governmentwide chaos by rewriting U.S. Supreme Court precedent.
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April 01, 2025
Bloomberg Campaign Scores Partial Win In Unpaid OT Suit
Michael Bloomberg's 2020 presidential campaign organization attained a partial win in a suit accusing it of not paying field organizers minimum wage, a New York federal judge ruled, saying that the campaign wasn't a covered enterprise under the Fair Labor Standards Act and that certain state law claims were rootless.
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April 01, 2025
6th Circ. Lets Feds End Whistleblower's NASA Contractor Suit
The Sixth Circuit stood by a lower court's decision to let the federal government intervene and successfully seek dismissal for a whistleblower's False Claims Act suit against a NASA contractor, applying a 2023 U.S. Supreme Court precedent to back the government's recent tear of dismissal bids in FCA cases.
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April 01, 2025
NC Atty Gets $775K Fee For Multistate Wage Verdict
A North Carolina federal judge has awarded $775,000 in attorney fees to the workers of an Apple-affiliated repair company following their six-figure win in a multistate wage class action over back wages and damages.
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April 01, 2025
Seattle Schools Must Face Teacher's Retaliation Lawsuit
A Washington state appeals court breathed new life into a Seattle public schoolteacher's suit claiming she was punished for reporting that elementary school personnel mistreated students of color, faulting a trial court's conclusion that she hadn't done enough to satisfy presuit obligations.
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April 01, 2025
AFL-CIO Backs Oregon's Cannabis Labor Peace Law
The AFL-CIO has jumped into a legal battle to defend against a constitutional challenge seeking to block implementation of a voter-approved Oregon state law that requires cannabis businesses to have labor peace agreements.
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April 01, 2025
Uber Case Shouldn't Head To Pa. Justices, 3rd Circ. Told
The Third Circuit has already made clear which standard applies to determine whether workers are independent contractors or employees under Pennsylvania law, said the Pennsylvania Chamber of Business and Industry, backing Uber's arguments to not send a misclassification case to the state justices.
Expert Analysis
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Celebs' Suits Show Limits Of Calif. Anti-SLAPP Laws
Two recent cases including Amanda Ghost v. Rebel Wilson and Leviss v. Sandoval highlight the delicate balancing act courts must perform in weighing free speech against privacy and reputational harm under California's robust anti-strategic lawsuit against public participation laws, say attorneys at Nixon Peabody.
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2 Cases May Signal Where FTC Is Headed On Labor Issues
Two recent Federal Trade Commission challenges to no-hire clauses in agreements between building service firms and their customers include comments by future FTC Chair Andrew Ferguson that may offer insight into the direction the FTC is headed on labor issues, says Michael Wise at Squire Patton.
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How Decline Of Deference Will Affect Trump Policymaking
An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.
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5 Evolving Concerns For Family Offices In 2025
Complex regulatory changes and emerging operational risks will force family offices to stay on their toes in 2025, with timely action particularly necessary to address several tax and reporting developments that may affect their investments and business operations, say attorneys at Morgan Lewis.
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New Law In NY Places Employee NIL Rights In Spotlight
New York recently became the first state to codify name, image and likeness rights for models, but as such protections seemingly expand for individual employees across industries, employers may want to brush up on related case law, and update their handbooks and policies accordingly, says Timothy Bechen at Woods Rogers.
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Expect A Big Shake Up At The EEOC Under 2nd Trump Admin
During President-elect Donald Trump’s second term, the U.S. Equal Employment Opportunity Commission is likely to significantly shift its focus and priorities, especially where workplace DEI initiatives, immigration enforcement, LGBTQ+ rights and pregnancy protections are concerned, say attorneys at Stoel Rives.
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Defense Strategies For Addressing Conspiracy-Minded Jurors
As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn’t possible, say consultants at IMS Legal Strategies.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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4 Novel Issues From The Blake Lively, Justin Baldoni Suits
A series of lawsuits arising from actress Blake Lively's sexual harassment and retaliation complaint against her "It Ends With Us" co-star, Justin Baldoni, present novel legal issues that employment and defamation practitioners alike should follow as the litigation progresses, say attorneys at Dorsey & Whitney.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Religious Accommodation Lessons From $12.7M Vax Verdict
A Michigan federal jury’s recent $12.7 million verdict against Blue Cross Blue Shield of Michigan starkly reminds employers of the risks they face when assessing employees’ religious accommodation requests, highlighting pitfalls to avoid and raising the opportunity to consider best practices to follow, say attorneys at Williams & Connolly.
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What To Expect In Higher Ed Enforcement Under Trump
Colleges and universities should prepare for shifting priorities, as President-elect Donald Trump is likely to focus less on antitrust cases and more on foreign relations policy, while congressional oversight of higher education continues to increase, say attorneys at Steptoe.
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Series
NY Banking Brief: All The Notable Legal Updates In Q4
In 2024's final quarter, the New York State Department of Financial Services published guidance on mitigating the rising cybersecurity risks of artificial intelligence and remote technology workers with North Korean ties, and the state attorney general launched an antitrust investigation into Capital One's proposed Discover merger, say attorneys at Haynes Boone.
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How Trial Attys Can Wield Amended Federal Evidence Rules
Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.