Employment

  • November 14, 2024

    AutoNation Affiliate Worker's Harassment Suit Heads To Trial

    A Florida federal judge on Wednesday trimmed a lawsuit by a former employee of an AutoNation affiliate who says he was sexually harassed on the job by a co-worker, but agreed to send negligence and hostile work environment claims to a jury in January.

  • November 14, 2024

    Houston Back Wages Trial Was 'Circus,' Atty Tells Court

    A California attorney who lost his bid for back wages from a Houston commercial litigation firm where he was formerly an associate asked a Texas appeals court to order a new trial, writing that his former law firm's attorneys "turned the trial into a circus" about his personal life.

  • 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.

  • 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. 

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    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.

  • Series

    After Chevron: Various Paths For Labor And Employment Law

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    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.

  • Series

    Boxing Makes Me A Better Lawyer

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    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.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    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.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    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.

  • Roundup

    After Chevron

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    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.

  • Opinion

    FIFA Maternity Policy Shows Need For Federal Paid Leave

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    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.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    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.

  • What 2 Rulings On Standing Mean For DEI Litigation

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    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.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    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.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    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.

  • 4 Steps To Repair Defense Credibility In Opening Statements

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    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.

  • Compliance Countdown To New Calif. Workplace Safety Rules

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    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.

  • Arbitration Implications Of High Court Coinbase Ruling

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    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.

  • Prejudicial Evidence Takeaways From Trump Hush Money Trial

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    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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