A South Carolina federal judge on Tuesday rejected the U.S. Equal Employment Opportunity Commission's bid in a background check race bias case to force BMW Manufacturing Co. LLC to give a "complete answer" to a question about a spreadsheet allegedly so complex it violated a limit on discovery queries.
A pair of medical practice proprietors accused of taking more than half the value of their employees’ pensions out of the fund after fleeing the country have been barred from administering that fund, the U.S. Labor Department said Tuesday.
A class of M&G Polymers USA LLC retirees told the Sixth Circuit Friday that an original injunction barring changes to their health benefits should be affirmed, after the Supreme Court vacated a ruling that they were due lifetime benefits.
Targets of False Claims Act litigation beat back a grave threat on Tuesday as the U.S. Supreme Court balked at extending the law’s statute of limitations during wartime, but FCA whistleblowers also notched a rare high court victory as justices embraced copycat complaints in some circumstances. Here are five takeaways from KBR v. Carter.
On Tuesday, the Supreme Court overturned a Fourth Circuit decision and held that the Wartime Suspension of Limitations Act applies only to criminal fraud claims and not civil fraud cases, including False Claims Act suits. Here, attorneys tell Law360 why the decision in Kellogg Brown & Root Services Inc. et al. v. U.S. ex rel. Carter is significant.
A New Jersey federal judge on Friday rejected a mortgage lender’s attempt to trim a suit alleging it’s liable for Fair Labor Standards Act violations by the company it acquired, saying state law allows for successor employers to be sued for unpaid overtime, not just unpaid minimum wage.
The Ninth Circuit on Tuesday declined to rehear en banc its revival of a putative Employee Retirement Income Security Act class action against Amgen Inc., but the opinion did include a lengthy four-judge dissent on whether the court properly incorporated the U.S. Supreme Court’s Fifth Third Bancorp ruling into its decision.
The Eighth Circuit on Tuesday ruled that a John Deere Co. employee had not proven that she was denied promotions because of her gender and that she suffered retaliation for reporting the discrimination, upholding an Iowa federal court’s decision to toss the suit.
A shareholder derivative lawsuit accusing Apple Inc. executives of harming the company by engaging in illegal and anti-competitive anti-poaching agreements with other tech giants has been put on ice by a California federal judge while a related state court proceeding that contains certain identical issues plays out.
Seattle’s ordinance that increases the city’s minimum wage to $15 an hour does not violate the dormant Commerce Clause or the Washington Constitution, the state’s attorney general’s office told the Ninth Circuit on Friday in the International Franchise Association’s appeal of a decision against stalling the law.
Jeffrey Downs, the gay former Anapol Schwartz Weiss Cohan Feldman & Smalley PC attorney who failed to persuade a Philadelphia jury that the firm pushed Raynes McCarty to withdraw a lucrative job offer, on Tuesday said that the presiding judge was a former colleague of the lead defense attorney and harbored a bias.
The whistleblower who launched a False Claims Act suit against an L-3 Communications Holdings Inc. unit slammed the company’s bid for summary judgment Monday, saying the evidence contradicted its claims the U.S. Army knew about its helicopter maintenance billing practices.
Three men hurt in a 2013 industrial accident at a Pennsylvania ArcelorMittal USA LLC steel mill filed a lawsuit against the company in state court on Friday, arguing a furnace explosion came as a result of the company’s negligence.
Ruby Tuesday Inc. will pay $100,000 to settle claims it refused to hire men for summer resort employment opportunities because of co-ed housing concerns, putting to rest a proposed class action brought by the U.S. Equal Employment Opportunity Commission earlier this year, the agency has announced.
We keep a close eye on issues regarding conflicts of interest, professional negligence, privacy and trade secrets, as well as specific areas of employment. These topics are all germane to how CBRE operates its business, says Laurence Midler, executive vice president and general counsel at CBRE Group Inc.
The U.S. Supreme Court on Tuesday ruled that a wartime pause on the expiration of government fraud claims does not apply to civil fraud cases, overturning a decision reviving a KBR Inc. whistleblower’s False Claims Act suit regarding an Iraq War contract.
Whistleblowers alleging a medical supply company overbilled Medicaid blasted its efforts to stay discovery in Florida federal court Thursday as the company seeks to have the suit tossed, arguing the disqualification of their last attorney for a conflict of interest is not nearly enough to warrant a dismissal.
Michigan's attorney general has told the U.S. Supreme Court that it should grant an appeal of a Second Circuit decision freeing two insurers from certain workers' compensation liabilities of previously bankrupt Delphi Corp., saying this exercise of judicial power supplanted the state’s administrative regime.
An Illinois federal judge tossed a $75 million False Claims Act suit against a KBR Inc. subsidiary Friday, saying the whistleblower’s allegations that the company withheld information from the government about pricing options for charter flights were too vague.
CRST Van Expedited Inc. has urged the U.S. Supreme Court to reinstate a $4.7 million fees award against the U.S. Equal Employment Opportunity Commission in its sexual harassment case, arguing the Eighth Circuit countered other circuits in overturning the award.
The New Jersey state appeals court in The Pitney Bowes Bank Inc. v. ABC Caging Fulfillment seemingly set a bright-line test balancing the rights of judgment creditors and employees when it comes to monies in a levied “payroll” bank account. Where Pitney Bowes falls short, however, is in describing what proofs a business debtor must utilize to establish what amounts are owed to employees, says Nicholas Gaunce of Eckert Seamans Cheri... (continued)
The U.S. Department of Labor’s proposed rules expanding the circumstances under which a person is considered a fiduciary under the Employee Retirement Income Security Act would effectively deny sophisticated but smaller ERISA plans and individual retirement account investors the opportunity to access private investment funds as part of their portfolios, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.
Public interest demands that when physicians leave a medical practice and are subject to an anti-solicitation clause patients remain informed of their physician’s new location and contact information. Irrespective of the financial interest of the physicians involved, the patient’s right to be cared for by the physician of his or her choice and continuity of care demand nothing less, says Joseph Gorrell of Brach Eichler LLC.
An overall lack of understanding continues to restrict growth in the structured settlement arena. With expanded awareness among attorneys, judges, mediators and legislators, more physical injury and wrongful death claimants might experience the many benefits structured settlements have to offer, says Joseph Barnet, vice president and head of Prudential Structured Settlements.
Until Texas v. U.S. is resolved — possibly by the U.S. Supreme Court's forthcoming decision in Obergefell v. Hodges — companies with employees in the plaintiff states must tread carefully to ensure that the DOL's same-sex spouse rule under the Family and Medical Leave Act is applied correctly, say Nathaniel Glasser and August Huelle of Epstein Becker & Green PC.
With its ruling in Tibble v. Edison International, the U.S. Supreme Court has breathed life into stale claims about investment selection by recognizing a fiduciary’s continuing obligation to “monitor” investments and investment options. But the opinion stopped short of defining the precise contours of the “duty to monitor” — leaving the development of the obligation to case-by-case evolution, say attorneys with Ropes & Gray LLP.
The case of the allegedly misclassified window washers before the Seventh Circuit in Alvarado v. Corporate Cleaning Service Inc. fleshed out an often-ignored exception to an employer’s obligation to pay overtime that could apply to some retailers or service establishments, says Eric Hobbs of Michael Best & Friedrich LLP.
There has been a rapid and robust growth in the number of companies offering electronically stored information collection, management and processing services. But a recent survey indicated that not all service providers offer the level of expertise needed in today’s world of big data, the cloud and mobile devices, says Barry O’Melia, chief operations officer at Digital WarRoom.
The U.S. Securities and Exchange Commission recently issued proposed rules to implement the Dodd-Frank Act requirement that issuers disclose in any annual proxy or consent solicitation the relationship between executive compensation and financial performance. Simpson Thacher & Bartlett LLP attorneys have mapped out the key requirements and practical takeaways.
A growing body of case law in the Third Circuit on Article III standing over data breach litigation offers a simple lesson: Companies that find themselves as defendants in data breach class actions should determine whether plaintiffs have alleged any injuries in fact and, if not, move to dismiss the litigation at the outset, say Nicholas Ranjan and Syed Ali of K&L Gates LLP.