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Employment
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April 22, 2024
Justices Won't Weigh If Domino's Drivers Arbitration-Exempt
The U.S. Supreme Court on Monday passed on reviewing whether Domino's Pizza truck drivers are interstate transportation workers who are exempt from federal arbitration requirements, declining to pave the way for a ruling that could have expanded or narrowed the arbitration carveout.
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April 22, 2024
GRSM50 Adds Wilson Turner Litigation Vet In San Diego
Gordon Rees Scully Mansukhani LLP, now known as GRSM50, is expanding its Southern California team, bringing in a Wilson Turner Kosmo LLP employment and class action pro as a partner in San Diego.
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April 19, 2024
Wells Fargo Faces Sex Bias Suit Over 'Degrading' Workplace
A Wells Fargo bond saleswoman sued the bank Friday in Illinois federal court, accusing it of sex discrimination by creating "an unapologetically sexist working environment" and passing her up for promotions despite her years of experience in the investment banking world.
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April 19, 2024
Uber, Lyft Ask Justices To Review Calif. Arbitration 'Loophole'
Uber Technologies and Lyft Inc. asked the U.S. Supreme Court to review a California appellate court's decision rejecting their efforts to force into arbitration coordinated litigation alleging they misclassified drivers as independent contractors, saying the Golden State is trying to "create a loophole" in the Federal Arbitration Act.
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April 19, 2024
Timing Of Cigna Workers' Relief Bid Perplexes Conn. Judge
A Connecticut federal judge wondered Friday if a class of more than 25,000 Cigna workers waited too long to renew a request for an accounting tied to the millions of dollars in underpaid benefits the workers won nearly a decade ago, questioning if the plaintiffs had a right at this stage in the 23-year-old matter to again challenge the company's calculations.
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April 19, 2024
Ex-Lewis Brisbois Atty Accuses Firm Of Bias, Unethical Billing
A former attorney for Lewis Brisbois Bisgaard & Smith LLP has sued the firm in Los Angeles court, alleging gender discrimination in pay and retaliation for raising concerns over its "unethical billing practices," marking the second discrimination suit filed against the firm since March.
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April 19, 2024
Ex-Gibson Dunn Partners Battle Firm Over Sealed Records
Gibson Dunn & Crutcher LLP is fighting anonymous ex-partners' bid to unseal a contractual arbitration award granted to a former co-chair of the firm's appellate practice, saying the documents contain trade secrets — such as details about the firm's compensation and partnership structure — that other top law firms could exploit to gain an advantage in a competitive recruitment market.
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April 19, 2024
Wash. Hospital Workers Can't Replicate Related Wage Win
A Washington state court ruled Friday that workers of a Seattle-area hospital system still have to prove that their employer's timekeeping and meal break policies violated state law, even though an affiliated healthcare system with policies the employees alleged were "virtually the same" was found liable in a similar case.
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April 19, 2024
Judge Mulls Axing Biomedical Cos.' $25M Punitive Damages
Not enough evidence supports Skye Orthobiologics' $25.5 million punitive damages award against an ex-employee found to have breached his fiduciary duties by leveraging Skye's proprietary information, a California federal judge has ruled, asking for briefing on whether the proper remedy is to cut the damages or grant a new trial.
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April 19, 2024
Texas Justices Open Door To Axing $14M Truck Crash Verdict
What started as a monster $80 million trucking crash verdict but later was reduced to $13.7 million was put in further jeopardy Friday when the Texas Supreme Court found that a lower appeals court erroneously declined to hear challenges to how the injured truck driver's employment status was determined.
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April 19, 2024
Calif. Union Plan Pays $2.5M To End Early Retirement Suit
A pension plan for union-represented Northern California metalworkers, the plan administrator and a law firm will pay roughly $2.5 million to end a proposed class action alleging about 30 early retirees weren't given the full benefits they were promised, according to paperwork filed Friday in California federal court.
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April 19, 2024
Employment Authority: Title VII Ruling Unanswered Questions
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on the unanswered questions the U.S. Supreme Court's ruling that Title VII prohibits discriminatory job transfers left, how lower courts could decide how much transportation work can exempt workers from federal arbitration and a look at a workers' bid to unionize at a Volkswagen facility in Chattanooga, Tennessee.
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April 19, 2024
CVS Narrows But Can't End HIV Patients' Disability Bias Suit
A California federal judge declined to toss a disability bias lawsuit brought by HIV or AIDS patients alleging CVS Pharmacy Inc. made their medication harder to get, saying federal regulations and even an internal company study warned that the program at issue was potentially problematic.
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April 19, 2024
Up Next At High Court: Abortions & Presidential Immunity
The U.S. Supreme Court will return Monday for the term's final week of oral arguments, during which it will consider several high-stakes disputes, including whether a federal healthcare law can preempt state abortion bans and whether former President Donald Trump is entitled to immunity from criminal charges related to official acts.
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April 19, 2024
Creditor Committee Backs Yellow In Pension Fund Fight
The official committee of unsecured creditors in Yellow Corp.'s Chapter 11 bankruptcy has largely backed an objection from the debtor to several pension plans' claims for retirement-fund withdrawal liability, while saying it hopes the issues can be resolved quickly to reduce costs.
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April 19, 2024
Ex-Paramedic Hits Harris County With Sex Bias Lawsuit
A former Houston-area paramedic is accusing a county emergency services provider of pushing her out of her job after she was sexually harassed even though she wasn't the one who reported the harassment.
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April 19, 2024
Zurich Insurance Hit With $80M Verdict Over 3 Terminations
Three former Zurich American Insurance Co. employees were awarded over $80 million by a Sacramento, California, jury that found they were wrongfully terminated for taking unofficial time off that the plaintiffs said was approved by their supervisor.
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April 19, 2024
Quest Punished Black Worker For Flagging Racism, Suit Says
Quest Diagnostics has been sued in Pennsylvania federal court by a former phlebotomist who said she faced racial discrimination from patients and retaliation from management when she complained.
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April 19, 2024
Ex-Defender Says High Court Ruling Backs Bias Claims
A former assistant federal defender urged a North Carolina district court to consider a recent U.S. Supreme Court ruling in her sexual harassment lawsuit, arguing the high court's decision backs her claims for employment discrimination against the federal judiciary.
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April 19, 2024
Notre Dame Illegally Classified College Athletes, Group Claims
The University of Notre Dame violated federal labor law through its classification of college athletes as student-athletes, a college basketball players advocacy group alleged in an unfair labor practice charge obtained by Law360 on Friday.
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April 19, 2024
'Anti-Vax Momma' Admits To Selling Fake Immunization Creds
A woman who went by the Instagram handle @AntiVaxMomma pled guilty on Friday to selling fake U.S. Centers for Disease Control and Prevention vaccination cards and falsely registering buyers in New York state's immunization database.
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April 19, 2024
Off The Bench: NCAA Rules, Trans Athlete Win, NBA Pro's Ban
In this week's Off The Bench, the NCAA formally lifted restrictions on athletes transferring schools and how they can receive name, image and likeness money, West Virginia's transgender sports ban is dealt a blow by the Fourth Circuit, and betting costs an NBA player his career.
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April 19, 2024
Twitter Can't Sink Age Bias Suit Over Post-Musk Layoffs
A California federal judge has refused to throw out a former Twitter employee's proposed class action alleging that a wave of layoffs following Elon Musk's acquisition of the social media platform now called X disproportionately pushed out older workers, saying the suit had enough detail to stay in court.
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April 19, 2024
Northshore Health Worker Drops Genetic Info Privacy Claims
A patient sitter for Northwestern HealthSystem has voluntarily dropped her proposed class suit claiming she and other workers were unlawfully required to give up information about their medical histories during the application process.
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April 19, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen U.K. holiday resort chain Butlins target Aviva and a huddle of insurers, Meta and WhatsApp tackle a patents claim by telecommunications company Semitel, an ongoing construction dispute between Essex County Council and Balfour Beatty, and Formycon AG hit a pharmaceutical company for infringing medical products. Here, Law360 looks at these and other new claims in the U.K.
Expert Analysis
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NY, Del. May Be Trending Against Noncompete Enforceability
While neither New York nor Delaware has statutory restrictions on noncompete provisions, recent legislative actions and judicial decisions indicate a trend against enforcement of restrictive covenants in both equity award and employment agreements, says Irene Bassock at Cohen Buckmann.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Considerations For Lawyer Witnesses After FTX Trial
Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.
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Changes To Note In New AAA Mass Arbitration Rules
The American Arbitration Association updated its mass arbitration rules earlier this month — clarifying issues that were previously being litigated in front of the AAA, and significantly streamlining the process of getting to a merits arbitration for claimants who have suffered similar wrongs and are bound by mandatory arbitration clauses, say attorneys at Labaton Keller.
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9 Tools To Manage PAGA Claims After Calif. High Court Ruling
In Estrada v. Royalty Carpet Mills, the California Supreme Court recently dealt a blow to employers by ruling that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, but defendants and courts can still use arbitration agreements, due process challenges and other methods when dealing with unmanageable claims, says Ryan Krueger at Sheppard Mullin.
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Workplace Speech Policies Limit Legal And PR Risks
As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.
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Staying Ahead Of The AI Policymaking Curve
With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.
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The 7th Circ.'s Top 10 Civil Opinions Of 2023
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Series
In Focus At The EEOC: Preserving Legal System Access
The track records of and public commentary from U.S. Equal Employment Opportunity Commission leaders — including two recently confirmed Democratic appointees — can provide insight into how the agency may approach access to justice priorities, as identified in its latest strategic enforcement plan, says Aniko Schwarcz at Cohen Milstein.
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Mitigating Compliance And Litigation Risks Of Evolving Tech
Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Calif. High Court Ruling Outlines Limits On PAGA Actions
While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.