• October 5, 2015

    Pa. AG's Staffer Says Grand Jury Testimony Prompted Firing

    A former top staffer for Pennsylvania state Attorney General Kathleen Kane filed suit against his ex-boss Monday, alleging he was fired for testifying before a grand jury about her potentially illegal leak of confidential information to the media.

  • October 5, 2015

    DHS Agent Won't Be Deposed In Ex-Worker's Privacy Suit

    A D.C. federal judge declined Monday to compel a U.S. Department of Homeland Security investigator to be deposed in a suit by an ex-DHS employee who claims that her privacy rights were violated regarding a report that she provided false information for a vendor’s security clearance.

  • October 5, 2015

    Oil Rig Salvage Cos. Defend Injury Coverage At 5th Circ.

    Two companies in charge of decommissioning an oil rig when a worker was injured want the Fifth Circuit to uphold a lower court's ruling that the Louisiana Oilfield Anti-Indemnity Act did not block insurance coverage for the accident as a result of the wells being inactive.

  • October 5, 2015

    Ex-NFLer Says Retirement Plan Delayed Concussion Benefits

    A former NFL player hit the Bert Bell/Pete Rozelle NFL Retirement Plan and the Retirement Plan Board with a suit in Maryland federal court claiming the plan wrongfully delayed an award of total and permanent disability benefits for physical an cognitive disabilities suffered as a result of injuries from playing in the NFL. 

  • October 5, 2015

    Gas Trucking Co. Pays $1.3M To Settle Drivers' Wage Suit

    A putative class of drivers who allege that a provider of specialty gases stiffed them on wages asked a California federal court on Monday to grant final approval to a $1.3 million settlement of the case.

  • October 5, 2015

    Cutoff Date Set For Collective Notice In $100M Sex-Bias Suit

    A New York federal judge has ruled that collective notice will be provided to female employees accusing Forest Laboratories Inc. of gender bias who worked for the company as a sales representative as of May 22, 2012, rejecting the plaintiffs’ argument that notice should extend 10 months earlier.

  • October 5, 2015

    NLRB GC Calls Sherwin Lockout Lawful In USW Appeal Denial

    The National Labor Relations Board's general counsel said Friday that Sherwin Alumina Co. LLC didn't violate federal labor law by locking out around 450 United Steelworkers-represented employees at a Texas plant, denying a USW appeal over the lockout that began last October.

  • October 5, 2015

    US Urges High Court To Keep Tyson Workers’ $5.8M Verdict

    The federal government has urged the U.S. Supreme Court not to overturn an Eighth Circuit decision that preserved a $5.8 million jury verdict for Tyson Foods Inc. workers seeking compensation for time spent putting on and taking off protective gear.

  • October 5, 2015

    Justices Asked To Revive Goldman & Rosen Malpractice Row

    A former Consolidated Freightways employee who won an $800,000 discrimination verdict against the company has asked the Supreme Court to revive his malpractice suit against the attorney who represented his claim in Consolidated Freightways' bankruptcy, saying the underlying opinion makes it difficult for clients to pursue malpractice claims.

  • October 5, 2015

    Greyhound Escapes Ex-Driver’s Bias Suit Over Dreadlocks

    The Third Circuit on Monday refused to revive a suit accusing Greyhound Lines Inc. of discriminating against a former driver who claimed that the company retaliated against him because he wore his hair in dreadlocks, which allegedly violated Greyhound policy.

  • October 5, 2015

    NHL Wants Players To Explain Studies In Concussion MDL

    The NHL on Monday asked the Minnesota federal court overseeing multidistrict litigation over concussions filed by former players to force the players to explain their positions on studies that the players say put the league on notice of the dangers of concussions.

  • October 5, 2015

    Justices Won't Hear Union Boss' Sealed FBI Affidavit Case

    The U.S. Supreme Court on Monday declined to hear an appeal from a Pennsylvania union boss seeking to overturn a Third Circuit decision rejecting his petition to seal in state court a federally sealed FBI affidavit used to defend the Philadelphia Inquirer against his libel suit.

  • October 5, 2015

    Supreme Court Won't Hear Tenn. Hospital's FCA Appeal

    The U.S. Supreme Court on Monday refused to take up a Tennessee hospital's bid to reverse a Sixth Circuit ruling that an administrative audit did not constitute the public disclosure needed to kill a False Claims Act suit accusing the hospital of fraudulent Medicare and Medicaid reimbursements.

  • October 5, 2015

    Costco Contractor To Pay $4.25M To Settle Wage Suit

    Workers who demonstrate products at Costco warehouses asked a California federal judge Monday to sign off on a $4.25 million settlement of a class action accusing a Costco contractor of wage violations.

  • October 5, 2015

    NLRB Finds Contractors Didn't Collude With Laborers Union

    The National Labor Relations Board on Thursday ruled that two contractors did not collude with a construction laborers union on complaining to the board that a rival machine operators union improperly challenged which workers could operate machines at certain sites, and awarded the work to the laborers union.

  • October 5, 2015

    Browning-Ferris Short On Specifics, Ex-NLRB Member Says

    Whether the National Labor Relations Board's blockbuster Browning-Ferris decision will be as problematic for businesses as critics have warned remains to be seen, but that decision is one of the major rulings from the last two years in which the NLRB should have provided more details, former board member Harry I. Johnson III told Law360 in an exclusive interview.

  • October 5, 2015

    Kohl's Beats Employees' FCRA Background Check Claims

    A California federal judge agreed Monday to dismiss a proposed class action accusing Kohl’s Department Stores Inc. of improperly running background checks on job applicants, finding that two former employees who filed the suit failed to demonstrate any willful violations of the Fair Credit Reporting Act.

  • October 5, 2015

    Crown Castle Says High Court Case Should Halt FLSA Action

    The company responsible for installing a majority of the nation’s wireless towers appeared before an Illinois federal judge Monday to ask that a Fair Labor Standards Act suit be put on hold while the U.S. Supreme Court weighs whether a rejected settlement offer defeats a class action.

  • October 5, 2015

    8th Circ. Voids Cisco Whistleblowers' $8.1M Award

    The Eight Circuit cited lack of claim overlap Monday in tossing a panel decision that had affirmed an $8.1 million award to two whistleblowers who helped bring a defective pricing and kickback False Claims Act suit against Cisco Systems Inc. and one of its distributors.

  • October 5, 2015

    Justices Decline Review Of 'Mark Of The Beast' Bias Suit

    A one-time FirstEnergy Generation Corp. job applicant who eschewed his Social Security number because of his religious belief that any numerical identification equates to “the mark of the beast” failed to convince the U.S. Supreme Court on Monday to consider reviving his unsuccessful religious discrimination suit against the company.

Expert Analysis

  • Responding To Calif.'s Reading Of Respondeat Superior

    Joshua R. Dale

    One way California employers can mitigate their liability for circumstances in which they are seemingly not controlling their employees, such as during commute or after a holiday party, but for which state public policy will still hold them liable under the doctrine of respondeat superior, is for employers to carry “nonowned” automobile insurance coverage, says Joshua Dale of Michel & Associates PC.

  • It Is Time For A Comprehensive Auto Whistleblower Act

    Alexis H. Ronickher

    In light of the Volkswagen AG fraudulent diesel emissions scandal, there is no defensible reason why auto whistleblowers should not have the same protections as those in other critical regulatory areas, particularly given the industry’s history of disregard for public safety and the law, says Alexis Ronickher of Katz Marshall & Banks LLP.

  • O’Bannon Is A Tie But Weighs Against NCAA In The Long Run

    Timothy L. Epstein

    While the National Collegiate Athletic Association may claim a win over not having to make payments to athletes for licensing their names, images and likenesses, that victory should be tempered by both the Ninth Circuit’s refusal to give the NCAA any level of immunity from antitrust scrutiny and the possibility of loss on appeal, says Timothy Epstein of Duggan Bertsch LLC.

  • Sizzling Developments At The NLRB This Summer

    Steven J. Porzio

    From easing the requirements for how employees can cast their vote in favor of unionization to significantly expanding the reach of its joint-employer test, the National Labor Relations Board has made significant strides toward increasing union density this summer, say attorneys at Proskauer Rose LLP.

  • EEOC Won't Forget About Background Checks After Freeman

    Rod M. Fliegel

    Odds are the U.S. Equal Employment Opportunity Commission's settlement with BMW Manufacturing Co. LLC will embolden the EEOC, notwithstanding the $1 million in attorneys' fees it owes in Freeman, thus employers should continue to monitor the law surrounding criminal record screening policies, including Fair Credit Reporting Act class action litigation, say Jennifer Mora and Rod Fliegel of Littler Mendelson PC.

  • 11th Circ. Creates Flexibility For Courts On FLSA Suits

    Sara Soto

    The standard articulated in the Eleventh Circuit's decision in Schumann v. Collier Anesthesia PA provides courts with tremendous flexibility in determining whether unpaid interns might be entitled to wages and overtime pay. Given the incidence of internships today, the ruling heightens potential Fair Labor Standards Act concerns for employers, say Sara Soto and Joelle Simms of Bressler Amery & Ross PC.

  • Caldwell Remarks Clarify Yates Memo's Purpose

    Richard Smith

    Although the U.S. Department of Justice's recent memo on the prosecution of individuals is termed “guidance,” statements made by Assistant Attorney General Leslie Caldwell at a conference last week make it clear that the new memo will carry with it a new approach to the DOJ’s corporate resolutions, say attorneys with Norton Rose Fulbright.

  • OPINION: Paul Harvey, RIP


    After recently hearing a young trial lawyer start his opening statement with the Paul Harvey approach, I feel motivated to set out the reasons why defense lawyers should not use this technique anymore, says Dr. Ross Laguzza of R&D Strategic Solutions.

  • Calif.'s Post-Sanchez Unconscionability Doctrine

    Neil R. Bardack

    Because the California Supreme Court's recent ruling in Sanchez v. Valencia Holding Co. did not take away any of the tools state courts use in finding unconscionability — and arguably even added a new one — Justice Antonin Scalia's observation in AT&T Mobility LLC v. Concepcion that California courts have been more likely to hold contracts to arbitrate unconscionable than other contracts may still hold true, say Neil Bardack and Ca... (continued)

  • For Franchisors, There's More Than Just Browning-Ferris

    Joel R. Buckberg

    The National Labor Relations Board's recent advice memorandum holding that Nutritionality Inc. and its franchise agreements did not create a joint-employment relationship is more significant in the broader context of franchising than the Browning-Ferris decision, and the memo remains the current thinking of the NLRB's general counsel on franchising and joint-employer status, says Joel Buckberg of Baker Donelson Bearman Caldwell & Berkowitz PC.