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Employment
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October 10, 2024
Lawmakers Want Calif. Colleges To Flex NIL Muscle
As states across the country pass new laws for college athletes to earn money for their name, image and likeness, California lawmakers are encouraging universities there to make use of the considerable NIL provisions already on the books.
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October 09, 2024
Combs Accuses DHS Of Leaking Grand Jury Info To Press
Government agents investigating charges of sex trafficking against Sean "Diddy" Combs have engaged in a scheme to undermine his right to a fair trial, the hip-hop mogul told a Manhattan federal judge late Wednesday, saying U.S. Department of Homeland Security personnel have been leaking grand jury information to journalists.
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October 09, 2024
Garth Brooks Accused Of Retaliating After Rape Lawsuit
A hair and makeup artist told a judge Wednesday that Garth Brooks publicly revealed her name out of spite and retaliation after she sued him for rape, urging the court to sanction the country star and his lawyers for this "appalling and malicious behavior."
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October 09, 2024
Repeat Whistleblowing Led To Firing, Ex-Sikorsky Worker Alleges
A Connecticut man who describes himself as a "well-known" whistleblower at Sikorsky Aircraft Corp. says he was illegally terminated for reporting alleged wage and hour and environmental violations to government authorities, claiming the helicopter manufacturer fired him using bogus allegations he broke into an office he was given clearance to access.
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October 09, 2024
'I Do Not Lie,' Lin Wood Says In Asset Fight With Ex-Partners
A Georgia federal judge on Wednesday ordered former attorney Lin Wood not to sell or otherwise encumber property he offered up as security in lieu of paying a $4.7 million supersedeas bond during his appeal of a $3.75 million defamation verdict against him.
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October 09, 2024
5th Circ. Revives Air Force Bias Case, Citing Broader Standard
The Fifth Circuit revived a former civilian U.S. Air Force employee's lawsuit alleging she was given negative performance reviews after rejecting colleagues' sexual advances, saying a lower court needs to reevaluate her claims under a year-old circuit standard that allows for a wider range of bias allegations.
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October 09, 2024
Boeing Rescinds Wage Offer As IAM Strike Enters 4th Week
Boeing has withdrawn its most recent wage offer to more than 33,000 employees who've been on strike for nearly a month, prolonging a labor standoff with the International Association of Machinists and Aerospace Workers that has grounded some of Boeing's key production lines to a halt.
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October 09, 2024
Colo. Dispensary To Pay $95K In EEOC Disability Bias Suit
A Colorado marijuana dispensary has agreed to pay $95,000 to settle a U.S. Equal Employment Opportunity Commission suit claiming it fired a worker for failing to clock in and out of her shifts, even though she informed supervisors that she had memory issues due to her disabilities.
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October 09, 2024
Conn. College Settles Fired Coach's Sex Discrimination Claim
The former head coach of a Connecticut college's women's lacrosse team has agreed to settle a federal lawsuit claiming that he faced sex discrimination in a "hypersensitive" environment and was wrongfully fired for unprofessionalism, even though women who engaged in similar conduct went unpunished.
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October 09, 2024
Ohio Worker Says Health Co. Doesn't Pay OT Or Promised Wages
An Ohio healthcare worker has accused provider CareStar Inc. of unlawfully denying her and a proposed class of current and former employees overtime pay and failing to fork over supplemental pay the company promised her.
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October 09, 2024
Del. Justices Told Noncompete Toss Will Upend State Doctrine
An attorney for an Illinois-based auto parts company urged Delaware's Supreme Court on Wednesday to clarify recent court precedent on employee "forfeiture-for-competition" agreements, saying a federal court strike-down of the company's forfeit action against a former manager would be "anathema" to Delaware's "contractarian doctrine and tradition" if upheld.
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October 09, 2024
Truckers' $700K Wage Settlement Gets Final Approval
A California federal judge granted final approval of a $700,000 proposed class action settlement between a class of truck drivers, an agricultural product transportation company and a labor contractor, ending the wage lawsuit Wednesday.
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October 09, 2024
Mich. Justices Open To Atty Fee Bid In Legal Malpractice Case
The Michigan Supreme Court appeared receptive Wednesday to arguments from a lab-grown orchid company that it should be allowed to recover attorney fees incurred in an employment lawsuit the company claimed resulted from legal malpractice.
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October 09, 2024
National Basketball Players Association Head Joins JAMS
An attorney known for becoming the first woman to head a major professional sports union in North America has decided to take the next step of her career at JAMS, the alternative dispute resolution service announced on Tuesday.
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October 09, 2024
Stellantis Keeps Hitting UAW With Suits Over Strike Threat
Stellantis sued the United Auto Workers affiliate representing its Denver parts facility workers over their recent strike authorization vote, saying in its 11th lawsuit filed against the union in the past week that the UAW manufactured "sham grievances" to justify a mid-contract strike over a "promise" the company didn't make.
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October 09, 2024
NJ Law Firm Gets Partial Win In Dispute With Ex-Employees
The arbitration pacts that two former employees at a New Jersey law firm filed cover their discrimination claims, a New Jersey state court judge ruled, handing the Bergen County-based personal injury firm a partial win in the workers' wage and bias suit.
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October 09, 2024
DOL Fines Farm Labor Contractor, Bars It From H-2A Program
A farm labor contractor based in Washington state will pay more than $252,000 and be barred from participating in the H-2A temporary worker program for three years after underpaying workers and putting their safety at risk, the U.S. Department of Labor announced.
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October 09, 2024
Novant Ex-Exec's Counsel Wins $154K In Fees For Race Case
Counsel for a former Novant Health Inc. executive who won $4.3 million after accusing the company of firing him during a diversity push because he was white got $154,000 in attorney fees for successfully defending the award on appeal, slightly less than what was requested.
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October 09, 2024
NFL Settles Racism, Retaliation Suit From Reporter Jim Trotter
Award-winning sports journalist Jim Trotter and the National Football League on Wednesday agreed to settle his federal lawsuit accusing the league and its media arm of retaliating against him for persistently raising concerns about discriminatory hiring.
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October 08, 2024
Vince McMahon Accuser Wants Freedom To Air 'Toxic' Culture
A woman accusing former World Wrestling Entertainment Inc. executive chair Vince McMahon in Connecticut federal court of pressuring her into performing sex acts in exchange for an entry-level job has asked both McMahon and the company to voluntarily waive nondisclosure agreements, saying she and other accusers could help reform WWE's "toxic and sexualized culture."
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October 08, 2024
Military Health Plans Deny They Were Overpaid On DOD Deal
Five military healthcare plan providers have asked the Maine federal court to dismiss the U.S. Department of Justice's claims that they were overpaid for healthcare services, arguing they were paid exactly what they were owed under their fixed-price contracts.
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October 08, 2024
Solo Cup Maker Must Face Suit Over Worker's Shooting Death
Solo Cup Operating Corp. can't escape a wrongful death lawsuit accusing it of negligently hiring a worker who killed a fellow employee in a dispute over $400, a Georgia appeals court ruled, saying the incident is clearly not covered by the state's workers compensation law.
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October 08, 2024
Yellow Tells 10th Circ. To Revive Claims Against Teamsters
Yellow Corp. called on the Tenth Circuit to reverse a lower court's dismissal of the company's $137 million lawsuit against the Teamsters that claimed the union led the nearly 100-year-old company to shutter, saying the business wasn't required to exhaust the grievance process under a contract.
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October 08, 2024
MLB Faces New Bias Suit After Settlement Talks Fail
A former minor league umpire who claims he was sexually harassed by a female umpire filed an expanded suit Tuesday against Major League Baseball after settlement talks failed.
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October 08, 2024
1st Circ. Warned Not To 'Speculate' In Union Debt Ceiling Suit
A lawyer for a governmental workers' union challenging the constitutionality of the federal debt limit told a First Circuit panel on Tuesday that a January default is a virtual certainty under existing law, and urged the judges to avoid trying to predict whether President Joe Biden and a lame-duck Congress might extend the ceiling.
Expert Analysis
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Series
After Chevron: Various Paths For Labor And Employment Law
Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.
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Opinion
FIFA Maternity Policy Shows Need For Federal Paid Leave
While FIFA and other employers taking steps to provide paid parental leave should be applauded, the U.S. deserves a red card for being the only rich nation in the world that offers no such leave, says Dacey Romberg at Sanford Heisler.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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What 2 Rulings On Standing Mean For DEI Litigation
Recent federal court decisions in the Fearless Fund and Hello Alice cases shed new light on the ongoing wave of challenges to diversity, equity and inclusion initiatives, with opposite conclusions on whether the plaintiffs had standing to sue, say attorneys at Moore & Van Allen.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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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.