• October 31, 2014

    Deal Struck In 1st Circ. Battle Over Class Arbitration

    Restaurant chain 99 Restaurants LLC said Thursday it had reached a deal to resolve a First Circuit battle over whether courts or arbitrators get to decide whether class arbitration is permitted, as well as a related arbitration action brought by an ex-server over alleged wage violations.

  • October 31, 2014

    Indiana Asks 7th Circ. Not To Rehear Right-To-Work Case

    Indiana’s attorney general asked the Seventh Circuit on Thursday not to reconsider a ruling preserving the state’s “right-to-work” law, arguing that the National Labor Relations Act gives states expansive power to bar agreements that require workers to pay union membership dues.

  • October 31, 2014

    Bridgegate-Inspired NJ Bill Imperils Gov't Employers

    Bridgegate-inspired legislation in New Jersey that would enhance whistleblower safeguards for government workers could inject new confusion into the state's formidable Conscientious Employee Protection Act and expose public employers to an onslaught of frivolous litigation over legal conduct, some defense attorneys worry.

  • October 31, 2014

    8 Ballot Measures Attorneys Will Be Watching

    Voters on Tuesday will decide the fate of myriad state and local initiatives that address issues as varied as fracking, medical marijuana and care for terminally ill patients. Here, Law360 looks at eight ballot initiatives that could have significant nationwide implications, should they pass or fail.

  • October 31, 2014

    9/11 Workers’ Claims Were Rightly Revived, NY AG Says

    The New York Attorney General’s office has told a New York federal court that a law extending the time limit on 9/11 rescue and cleanup workers’ compensation claims is constitutional, arguing the law easily satisfies the standards necessary to merit its passage.

  • October 31, 2014

    Salmon Ricchezza Can't Keep UPS Suit In Federal Court

    A Pennsylvania federal judge ruled Wednesday that the court lacks jurisdiction to hear a legal malpractice suit lodged by United Parcel Service Inc. against Salmon Ricchezza Singer & Turchi LLP, and remanded the case back to state court.

  • October 31, 2014

    Ex-Anapol Schwartz Atty Wants Sanctions In Gay Bias Fight

    An ex-Anapol Schwartz Weiss Cohan Feldman & Smalley PC attorney who alleges that a culture of anti-gay bias at the firm derailed a lucrative job opportunity asked a Pennsylvania state judge Thursday to impose sanctions over its efforts to procure his former employment records.

  • October 30, 2014

    Nev. High Court Rules Strippers Are Employees

    The Nevada Supreme Court on Thursday ruled that strippers are employees under state labor law, ending a years-long dispute with the world’s largest gentleman’s club over whether it must pay dancers a minimum wage and meet other employment requirements.

  • October 30, 2014

    Dignity Health To Pay $37M To End Medicare Payments Row

    Dignity Health agreed to pay $37 million to settle a whistleblower suit alleging 13 of the nonprofit system’s hospitals overcharged Medicare and the U.S. military’s insurance system by admitting patients who could have been treated as outpatients, California prosecutors said Thursday.

  • October 30, 2014

    Fry’s Tells Calif. Panel Concepcion Requires OT Arbitration

    Fry's Electronics Inc. urged a California appellate panel Thursday to send to arbitration a putative class alleging the retailer violated wage and hour laws, saying a lower court erroneously ruled its arbitration contract was unconscionable and unenforceable by applying outdated case law superseded by the U.S. Supreme Court's 2011 Concepcion decision.

  • October 30, 2014

    11th Circ. Revives Part Of Whistleblower Medicare Suit

    The Eleventh Circuit on Thursday reinstated parts of a former Health Management Associates Inc. executive's whistleblower suit accusing the hospital operator of engaging in an illegal Medicare kickback scheme, finding that his position made some of his allegations sufficiently reliable.

  • October 30, 2014

    Stockton Wins Court Approval Of Ch. 9 Plan

    The city of Stockton, California, won court approval Thursday for its plan to exit Chapter 9 bankruptcy, with a judge rejecting holdout creditor Franklin Templeton Investments' argument that the plan was unfair because it would satisfy the city's pension obligations in full while forcing Franklin to accept a recovery of less than 1 percent.

  • October 30, 2014

    Whistleblower Pushes For KBR Docs Given Only To Gov't

    A whistleblower asked a D.C. federal court Thursday to make KBR Inc. hand over nearly 70,000 pages of documents it produced in response to a 2007 government subpoena related to his claims that KBR overbilled and accepted kickbacks during the Iraq War.

  • October 30, 2014

    Family Dollar Pays $2.3M To Settle Manager OT Class Action

    A Colorado federal judge signed off Thursday on a $2.3 million class action settlement resolving allegations that Family Dollar Stores Inc. improperly classified store managers as exempt from overtime.

  • October 30, 2014

    9th Circ. Revives Amgen ERISA Suit After High Court Remand

    The Ninth Circuit on Thursday revived a putative Employee Retirement Income Security Act class action against Amgen Inc. for a second time, after the U.S. Supreme Court vacated its first ruling, saying the high court's ruling doesn't shield Amgen from liability for a dip in the company's stock price.

  • October 30, 2014

    Judge Demands NFL Union's Input In Players' Painkiller Case

    The California federal judge presiding over former National Football League players' class action claiming the league encouraged them to abuse painkillers demanded input from the players union Thursday, saying he can't decide whether to toss the case without first learning whether the players exhausted their union grievance opportunities.

  • October 30, 2014

    3 Tips For Keeping Noncompetes In Check

    Reports that sandwich chain Jimmy John's requires low-level workers to sign noncompete agreements have prompted media and congressional criticism, and attorneys say the situation shows the downsides of a one-size-fits-all approach to restrictive covenants. Here, attorneys offer advice on how to keep a noncompete from going too far.

  • October 30, 2014

    EEOC Invokes Privilege On Docs In Dollar General Bias Suit

    The head of the U.S. Equal Employment Opportunity Commission told an Illinois federal court Wednesday that government privilege shields analysis and recommendation documents regarding the agency's decision to file a race bias suit over Dollar General's use of background checks in hiring.

  • October 30, 2014

    LA Beats Union Workers' Suit Over Pension Payment Hike

    A California appellate panel Wednesday tossed a putative class action brought by public workers who alleged the city of Los Angeles and their unions illegally increased their pension contributions to avert layoffs during a fiscal emergency, saying the employees' contracts were properly modified through a mutual agreement.

  • October 30, 2014

    Sony Settles EEOC’s ADA Suit Over Fired Amputee

    Sony Electronics Inc. and the U.S. Equal Employment Opportunity Commission have settled a suit in Illinois federal court accusing the electronics manufacturer of violating the Americans with Disabilities Act by firing an amputee.

Expert Analysis

  • Pearl Harbor Shipyard Asbestos Cases Stay In Federal Court

    Belynda Reck

    The U.S. Supreme Court recently declined review of Leite v. Crane Co., a tort case brought against a U.S. Navy contractor for failure to warn about asbestos hazards. Although several issues decided in this case were novel to the Ninth Circuit, the decision aligns with established precedents from other circuits regarding the ability of federal contractors to remove tort cases, says Belynda Reck of Hunton & Williams LLP.

  • Employees Should Not Have Recording Rights Under NLRA

    L. Brent Garrett

    A fundamental precept of labor law is that working time is for work. Provided employer anti-recording policies do not discriminate against union activity, one cannot square this bedrock principle with the notion that employees have an unfettered right to make personal recordings on working time or inside the employer’s plant, says L. Brent Garrett of Fisher & Phillips LLP.

  • How To Handle Ebola Fear In The Workplace: 4 Scenarios

    Mark A. Konkel

    An employee has just returned from a trip to West Africa. Can you require him to stay home, essentially quarantined, for 21 days? This is just one scenario in which fears of Ebola may implicate an employer's obligations under a number of laws — not least of which are disability discrimination laws prohibiting differential treatment based on a perception of someone's physical condition, say attorneys with Kelley Drye & Warren LLP.

  • DOL Whistleblower Decision Will Cause Employers SOX Pain

    Gregory Keating

    The result of the U.S. Department of Labor Administrative Review Board's decision in Fordham v. Fannie Mae will likely energize the plaintiffs bar and could make it more difficult for covered employers — and their contractors and subcontractors based on Lawson v. FMR LLC — to obtain dismissals of Section 806 whistleblower retaliation claims under the Sarbanes-Oxley Act, say attorneys at Littler Mendelson PC.

  • 7 Ways Retailers Can Dodge An ADA Class Action Bullet

    Kimberly Reindl

    Even if the U.S. Department of Justice takes another year to adopt specific rules governing how websites can comply with the Americans with Disabilities Act, the threat of potential class actions against retailers favors advance planning now — the foremost advantage being companies will be better positioned to negotiate a settlement knowing they have a plan and date in place for remediation efforts, say Selena Linde and Kimberly Re... (continued)

  • DOL Crackdown On Texas Employers May Come In 2015

    J. David Giddens

    Texas employers, particularly those in energy and hospitality, may be under increased scrutiny in 2015 from the U.S. Department of Labor’s Wage and Hour Division after it received an 18 percent budget increase and 2,000 additional staffers to crack down on worker retaliation in the Southwest, says David Giddens of Fisher & Phillips LLP.

  • The Evolution Of ADR: 30 Years Of Change

    Maria M. Sypek

    As our legal system evolves and we understand more about how an effective court system should function, the role of alternative dispute resolution should also shift. For example, the growth of e-discovery — and the ballooning associated costs — has further pushed the special-master trend, say former U.S. Magistrate Judge John Hughes and former New Jersey Superior Court Judge Maria Sypek of JAMS.

  • Understanding Calif.'s Nuanced Trade Secrets Law

    Laura D. Smolowe

    After Parrish v. Latham & Watkins LLP, non-California arguments or authority might not simply be rejected regarding trade secret misapporpriation — now, depending on the outcome on rehearing, a failure to appreciate state-specific nuances might be considered frivolous or even bad faith, says Laura Smolowe of Munger Tolles & Olson LLP.

  • The Legal Professions’ Curious Under-Use Of 2nd Opinions

    Judge Wayne D. Brazil

    As conscientious professionals who are required to address problems with notoriously elusive dimensions, lawyers should consider securing second opinions in a much wider array of circumstances than has been the norm, says Judge Wayne Brazil, a neutrual with JAMS and former magistrate judge in the U.S. District Court for the Northern District of California.

  • Supply Chain Management And The Alien Tort Claims Act

    Michael G. Congiu

    The Ninth Circuit's recent revival of the potential for supply chain liability under the Alien Tort Claims Act in Doe v. Nestle USA Inc. less than one year after many believed the U.S. Supreme Court effectively put an end to ATCA's use as a litigation tool to address alleged corporate human rights abuses has increased the importance of effective supply chain management, say Michael Congiu and Stefan Marculewicz of Littler Mendelson PC.