A Michigan federal judge on Wednesday refused to grant a funeral home’s renewed request to seek "intimate and private" information about a fired transgender worker's anatomy and background in a discrimination lawsuit, saying the information wasn’t relevant.
A Texas appeals court on Wednesday tossed an estimated $600 million judgment against Huff Energy Fund LP over Eagle Ford Shale mineral rights, ruling there was insufficient evidence to find Longview Energy Co. had a legitimate opportunity to obtain the disputed property.
An ex-Faruqi & Faruqi LLP partner who testified in a recent sex assault case against the firm launched a New York federal suit Wednesday, saying Faruqi didn’t pay her for work in shareholders’ litigation challenging Leucadia National Corp.'s $3 billion deal for Jefferies Group Inc.
Dechert LLP on Tuesday challenged a settlement plastic bottle maker Capsule — which the firm represented in bankruptcy — reached with lenders in an $80 million lawsuit that accuses the firm of diverting money to the company's former bosses, saying the deal includes terms that could tilt the litigation against the firm.
Quiksilver’s Chapter 11 trustee urged a Delaware bankruptcy judge Tuesday to deny plans designed to keep certain important employees with the company, calling goals that executives must meet to cash in on the $2.3 million programs “low hanging fruit” and questioning the noninsider status of some eligible employees.
Bio-Rad Laboratories Inc. is planning to ask the Ninth Circuit to immediately review a California federal court’s recent refusal to toss claims in its former general counsel’s whistleblower suit alleging he was fired after reporting that company leadership potentially engaged in overseas bribery.
A longtime worker at a Cooper Health System in New Jersey filed a discrimination lawsuit Tuesday alleging her superiors violated of her right to freely practice her Muslim faith by demanding that she conceal henna tattoos that symbolize the religion.
The number of new wage-and-hour suits in federal courts hit an all-time high last year, up about 8 percent over the previous year, a rise attorneys say stems from overtime and minimum wage policy debates around the country increasing worker awareness and the difficulty of applying New Deal-era employment law to the modern workplace.
The California Supreme Court on Wednesday agreed to consider whether the state's Investigative Consumer Reporting Agencies Act is unconstitutionally vague when applied to employee background checks because of its overlap with another California credit reporting law at issue in a labor suit against a school-bus company.
The Seventh Circuit's chief judge has made changes to a district court judge's docket after reports that he was falling asleep during judicial proceedings, saying she hopes the changes will help prevent the possibility of a recurrence.
A Pennsylvania federal judge on Wednesday conditionally certified a collective action in a lawsuit accusing PNC Bank NA of failing to pay its mortgage loan officers adequate overtime and of not paying them for all the hours they worked.
Prime Healthcare Management illegally snubbed SEIU-United Healthcare Workers West during negotiations over health care plans for employees at a California hospital, the National Labor Relations Board ruled Tuesday.
Evanston Insurance Co. told a New York federal judge on Tuesday that a recent Second Circuit ruling negates a Universal Photonics Inc. unit’s victory he granted in a dispute over defense costs for an injured employee’s suit, and urged the judge reconsider his decision.
The National Labor Relations Board on Tuesday ruled that a popular upscale grocer in California has kept in place arbitration agreements that illegally forbid employees from pursuing actions on a class or collective basis, and rejected the company's bid to revise the arbitration pacts to clarify them as voluntary.
Microsoft escaped a proposed class action accusing the software giant of conspiring with dozens of companies not to hire one another’s workers when a California federal judge found the employees had waited too long to file suit.
McDonald’s Corp. has agreed to pay $1.5 million to settle claims it unlawfully failed to compensate a class of employees for time and costs associated with the cleaning of work uniforms, according to a Wednesday filing in a Brooklyn federal court.
The National Labor Relations Board urged the D.C. Circuit on Tuesday to let stand its ruling that the board's regional directors didn't lose their authority to conduct and certify employee union elections during a period when there was not a quorum on the board, saying a health clinic's call for a full court review should be turned aside.
The Third Circuit wasn’t swayed Tuesday by claims that the panel mixed up precedent by concluding that a patent attorney waited too long to bring his Employee Retirement Income Securities Act suit accusing the Webb Law Firm PC of misclassifying him.
A proposed class action claiming that National Collegiate Athletic Association policies discriminate against women can’t go forward because the complaint’s racketeering claims are “woefully inadequate” and most of the other claims are too old, a New Jersey federal judge said Tuesday.
Eight Mexican migrant workers filed a potential class action against a Florida fruit harvester, claiming that the company violated the Fair Labor Standards Act and paid them less than what the law required.
Several developments over the past few months caught the eye of Jim Maiwurm, chairman emeritus of Squire Patton Boggs. Try as he might, he could not resist the temptation to comment on a few — such as the expansion of the Dentons “polycentric” empire, a confused verein controversy, and provocative suggestions that the law firm partnership model is a dinosaur.
Roughly 127 million people shopped on Cyber Monday last year — significantly more than the estimated 87 million in-store, Black Friday shoppers. Given the temptation for employees to use company or personal devices to shop for deals while at work, the shoppers’ “holiday” serves as a reminder for employers regarding the appropriate scope of their policies, say Peter Stuhldreher and Carmen Jo Rejda-Ponce of Reed Smith LLP.
As companies grow and expand into multiple states, determining the applicable law for restrictive covenants can be puzzling. In a case related to the merger of Prosperity Bank in Texas and F&M Bank in Oklahoma, the Fifth Circuit provides a useful road map, but also demonstrates that there is no certainty that the chosen law will be enforced against employees in other states, says Michael Karpeles of Greenberg Traurig LLP.
The U.S. Department of Defense is now prohibited from contracting with firms that bind employees to confidentiality agreements that restrict their ability to report fraud, waste or abuse to appropriate investigative authorities. Albert Krachman and Stefanos Roulakis of Blank Rome LLP explore issues raised by the new regulations and the risks posed by noncompliance.
The U.S. Securities and Exchange Commission's recently released whistleblower report makes clear that the commission will continue to focus on issues raised in the case of KBR, and that it is actively interested in any company documents, policies or statements suggesting that an employee talks to the SEC at his or her own peril, say attorneys with Jenner & Block LLP, including a former SEC trial lawyer.
The amendments to the Federal Rules of Civil Procedure scheduled to take effect Dec. 1 are designed to usher in a new era in the U.S. litigation system, this time acknowledging that what was once known as “e-discovery” is now just discovery. The amendments are sweeping in scope, but none is more important than the revised Rule 37(e), say Gregory Leighton and Eric Choi of Neal Gerber & Eisenberg LLP.
In her Ehrbar v. Forest Hills Hospital ruling, Eastern District of New York Judge Margo Brodie deconstructs a motion for summary judgment dismissal of a disparate treatment age discrimination claim, and in doing so, provides both plaintiff and defense lawyers with a useful compendium of arguments, defenses, and the current state of age discrimination case law in the Second Circuit, say attorneys with Garfunkel Wild PC.
To determine a waiver of arbitral rights, circuit courts generally look at whether the party seeking arbitration takes action in litigation inconsistent with its arbitration rights, and whether that action prejudices the plaintiff. However, two 2015 decisions — Checking Account Overdraft Litigation and Healy v. Cox — reveal that framework as an ill-fitting suit when the waiver implicates absent putative class members, says Richard ... (continued)
Recognizing that defendants have no duty and little incentive to object to an inflated class counsel fee request, and that class counsel have every incentive to increase their fees, Judge Richard Posner and the Seventh Circuit have filled this void by directing “intense judicial scrutiny” of class counsel fee awards. In doing so, the court identified issues all counsel now should consider when crafting a class action settlement, sa... (continued)
If employers file their H-1B and L-1 petitions before the border security fee is reauthorized — which could be soon, given the apparent support for such legislation in Congress — they will realize a more than 45 percent decrease in government fees for new H-1B petitions and a more than 73 percent decrease in government fees for L-1 petitions, say Brian Coughlin and David Iannella of Fragomen Del Rey Bernsen & Loewy LLP.