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Employment
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September 15, 2024
Black Ex-UPS Driver Scores $238M Verdict In Retaliation Suit
A federal jury in Washington state smacked UPS with a $237.6 million verdict in a lawsuit brought by a Black former driver who said he had faced racist harassment — including a manager's referring to him as "boy" — and had been fired after complaining about the mistreatment.
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September 13, 2024
The 2024 Regional Powerhouses
The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.
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September 13, 2024
Conn. High Court Snapshot: Firm's Bill Battle Rages In Sept.
The Connecticut Supreme Court's September case lineup tasks the justices with helping a federal court judge decide if McCarter & English LLP can fetch punitive damages in a billing battle with an ex-client, and if parents suing Target and others can be compensated for the impairment of their relationship with their injured child. Here, Law360 previews some highlights of the high court's argument schedule for the month.
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September 13, 2024
Workers Strike Class Deal With Ex-Union's Benefit Plans
Former transportation company workers who accused a pair of their ex-union's benefit plans of unlawfully overpaying one of the plans' trustees and the plans' manager have urged an Illinois federal judge to greenlight a $615,000 class action deal.
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September 13, 2024
Amazon Settles ADA Suit Over Prescription Pain Med Firing
Amazon and a worker who said the company violated disability bias law by firing her after a drug test turned up hydrocodone, which she had been prescribed for her back, have struck a deal to end her case, according to an Indiana federal court filing.
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September 13, 2024
Yellow Corp.'s Bid To Ax $7.8B Pension Liability Rejected
A Delaware bankruptcy judge sided with the Pension Benefit Guaranty Corp. in its dispute with trucking firm Yellow Corp. over $7.8 billion in retirement fund withdrawal liability, ruling Friday that special federal funds from a 2021 COVID-19 stimulus package do not reduce or eliminate the debtor's liability.
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September 13, 2024
Walgreens To Pay $107M To End 3 False Billing Claims Suits
Walgreens has agreed to pay $106.8 million to settle claims across three lawsuits that it violated the False Claims Act and state laws for billing government health programs for prescriptions it never dispensed, the U.S. Department of Justice announced Friday.
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September 13, 2024
Ex-Manager Says Amazon Fired Her For Same-Sex Marriage
A former regional safety manager hit Amazon Inc. with a federal discrimination lawsuit alleging she was undermined, unfairly criticized and ultimately pushed out of the online retailer's workforce after she disclosed that she was married to another woman.
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September 13, 2024
Google, Cognizant Are Joint Employers, Union Tells DC Circ.
The union representing workers at YouTube Music's content operation urged the D.C. Circuit to uphold a National Labor Relations Board decision that Google and contractor Cognizant jointly employ the video site's workers, saying there's a "mountain of evidence" to support the board's ruling that both companies need to bargain with the union.
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September 13, 2024
NFL QB Faces New Assault Claims, NCAA's NIL Woes Grow
In this week’s Off The Bench, NFL quarterback Deshaun Watson is once again accused of sexual assault, and a group of former University of Michigan football players sue the NCAA for more than $50 million in NIL-related damages. In case you were sidelined this week, Law360 is here to catch you up on the sports and betting stories that had our readers talking.
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September 13, 2024
Trio Of BigLaw Mergers Expected To Drive More Deal Talks
After months of a relatively steady pace of law firm mergers and acquisitions, the trio of proposed BigLaw tie-ups announced in recent days will likely spur more firms toward entertaining similar deal talks, experts say. Here, Law360 offers a snapshot of the proposed deals.
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September 13, 2024
Dentons Taps Norton Rose For 3 Disputes Pros In Hong Kong
Dentons has recruited a team of three disputes lawyers from Norton Rose Fulbright in Hong Kong to boost its capabilities representing clients in international construction cases and other high-stakes matters.
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September 13, 2024
UFCW Pushes Supermarket To Produce Records In Labor Row
The United Food and Commercial Workers Local 400 asked a federal judge to compel a grocery store to comply with a subpoena for records relating to grievances about workers' hours and pay.
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September 13, 2024
3rd Circ. Won't Undo Philly DA's Immunity From Cop's Suit
The Third Circuit won't revive a Philadelphia police officer's lawsuit alleging that city District Attorney Larry Krasner violated his civil rights by hitting him with a murder charge that was ultimately tossed, finding that the officer couldn't overcome the immunity granted to prosecutors when advocating on behalf of the state.
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September 13, 2024
Boeing Machinists Strike For First Time Since 2008
Thousands of Boeing machinists and other workers walked off the job Friday after rejecting a proposed contract that union leadership had recommended for approval.
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September 13, 2024
Calif. Delivery Co. To Pay $7.5M To Settle Drivers' Wage Suit
A $7.5 million wage-and-hour settlement between a California-based transportation services company and some of its drivers secured a federal judge's final approval, resolving a five-year-old suit's minimum wage, expense reimbursement and follow-on claims.
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September 13, 2024
Mass. Justices Say Benefits Don't Accrue Under Leave Law
Massachusetts' top court ruled Friday that the state's Paid Family and Medical Leave Act doesn't allow a group of state troopers to accrue certain benefits while on leave.
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September 13, 2024
Property Developer Claims To Be Target Of Legal 'Vendetta'
The director of a defunct property developer has hit back against a claim that accuses him of breaching his duties to the company, as he argued that the "vexatious" case was brought as part of a "vendetta" by his former co-directors.
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September 13, 2024
EEOC Says Kids' Hospital Pulled Job Offer Over Egg Allergy
A children's hospital in Atlanta violated federal disability bias law when it yanked back a job offer from an applicant whose allergy to eggs meant she needed a special flu vaccine, the U.S. Equal Employment Opportunity Commission said in a new lawsuit.
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September 13, 2024
4 UK Employment Law Developments To Watch In 2024
A bill expected to bring in new rights for workers and unions is the main event in U.K. employment law in what's left of 2024 — but lawyers say that an upcoming law change on sexual harassment and major disputes could also shape employers' practices. Here, Law360 looks at what to keep an eye on for the rest of 2024.
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September 13, 2024
Ex-Fla. Law Prof's Retaliation Suit Moved North To Tallahassee
A central Florida federal judge has transferred a retaliation and breach of contract case brought by a former law professor at Florida A&M University College of Law to another Florida federal district court, finding that the dispute's ties to the Tallahassee area overcame arguments for keeping the case in Orlando.
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September 13, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a football agent sue Chelsea FC after being cleared of allegations he threatened the club’s former director, an ongoing patent dispute between Amgen and Regeneron Pharmaceuticals, and a private school in Edinburgh suing Riverstone Insurance over compensation claims tied to historical abuse allegations made by former pupils. Here, Law360 looks at these and other new claims in the U.K.
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September 13, 2024
UK Pensions Lifeboat Sets £100M Levy Amid Calls For Change
Britain's pensions protection body has said that it is likely to maintain its £100 million ($131 million) levy on the sector for the next financial year, as analysts call for legislative change that would allow the redress program to lower it further.
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September 13, 2024
Carer Accused Of Fraud Wins £26K Over Forced Resignation
A carer whose employer accused her of falsely filling in her timesheets has won more than £26,000 ($34,000) as a tribunal found that her boss refused to retract the allegations despite agreeing to extend her hours to cover travel time.
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September 13, 2024
Retraining Offer No Reason For NCA Investigator To Quit
A National Crime Agency investigator who quit his job a day after he was offered the opportunity to regain his official accreditation has lost his claim that he was forced to resign.
Expert Analysis
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Opinion
Expert Witness Standards Must Consider Peer Review Crisis
For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.
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Eye On Compliance: New Pregnancy And Nursing Protections
With New York rolling out paid lactation breaks and extra leave for prenatal care, and recent federal legislative developments enhancing protection for pregnant and nursing workers, employers required to offer these complex new accommodations should take several steps to mitigate their compliance risks, says Madjeen Garcon-Bonneau at Wilson Elser.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Patent Lessons From 5 Federal Circuit Reversals In June
A look at June cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court highlights a potential path for branded drugmakers to sue generic-drug makers for off-label uses, potential downsides of violating a pretrial order offering testimony, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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What's Next After NLRB Ruling On Overbroad Noncompetes
If the National Labor Relations Board's recent ruling on noncompete provisions and its extension of Section 7 rights to limit noncompetes is adopted, this interpretation of the National Labor Relations Act will have to survive scrutiny by the courts without the deference previously afforded under the U.S. Supreme Court's recent overturning of Chevron, say attorneys at Littler.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Recent Settlement Shows 'China Initiative' Has Life After Death
Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.
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How Calif. Ruling Alters Worker Arb. Agreement Enforcement
The California Supreme Court’s recent ruling in Ramirez v. Charter Communications should caution employers that while workers’ arbitration agreements will no longer be deemed unenforceable based on their number of unconscionable provisions, they must still be fair and balanced, says Sander van der Heide at CDF Labor.
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Congress Quietly Amends FEPA: What Cos. Should Do Now
Last week, Congress revised the Foreign Extortion Prevention Act — passed last year to criminalize demand-side foreign bribery — to address inconsistencies and better harmonize the law with the Foreign Corrupt Practices Act, and companies should review their compliance programs accordingly, say Mark Mendelsohn and Benjamin Klein at Paul Weiss.
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How First-Of-Its-Kind NIL Lawsuit Is Shaping College Athletics
College quarterback Jaden Rashada's recent fraudulent inducement allegations filed against the University of Florida’s head football coach in Florida federal court provide a glimpse into how universities and collectives are navigating novel name, image and likeness issues, and preview potential future legal challenges these institutions may face, say attorneys at O'Melveny.
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CFTC Action Highlights Necessity Of Whistleblower Carveouts
The U.S. Commodity Futures Trading Commission's novel settlement with a trading firm over allegations of manipulating the market and failing to create contract carveouts for employees to freely communicate with investigators serves as a beacon for further enforcement activity from the CFTC and other regulators, say attorneys at Davis Wright.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Defending Against Aggressive DOL Child Labor Enforcement
The U.S. Department of Labor's recent unsuccessful injunction against an Alabama poultry facility highlights both the DOL's continued focus on child labor violations and the guardrails and defenses that employers can raise, say attorneys at Littler.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.