• October 19, 2016

    Carnival Stays Clear Of $3.6M Asbestos Verdict On Appeal

    A Florida appeals court on Wednesday affirmed a judgment for Carnival Corp. that tossed a $3.6 million verdict for the widow of a deceased cruise ship crew member, ruling that her arguments that she had shown proof of asbestos that caused his cancer had no merit.

  • October 19, 2016

    Judge Affirms Block Of Obama's Gender Identity Guidance

    A Texas federal judge late Tuesday reaffirmed a nationwide injunction issued in August barring the federal guidance that public schoolchildren be allowed to use the bathroom matching their gender identity from taking effect, saying the block wasn’t too sweeping.

  • October 19, 2016

    11th Circ. Finds Tribe Immune To Ex-Worker's Age Bias Suit

    The Eleventh Circuit refused to revive an age discrimination suit brought by a former employee of the Poarch Band of Creek Indians’ health department, finding her arguments that the tribe is not shielded by sovereign immunity unpersuasive in a precedential ruling Tuesday.

  • October 19, 2016

    Anti-Union Group Dodges Labor Atty's Defamation Suit

    An attorney for an Illinois local can’t pursue his defamation lawsuit against an anti-labor group in Illinois federal court but can refile in another jurisdiction, a judge ruled Monday in dismissing the case.

  • October 19, 2016

    Farrar & Ball Seeks Sanctions In Case Against Ex-Paralegal

    Houston law firm Farrar & Ball LLP moved for sanctions on Tuesday against an attorney representing its former paralegal in underlying litigation in which the firm claims she was fired for stealing company time and she alleges she was fired because of her race.

  • October 19, 2016

    Ex-Societe Generale Employee Says Arbitration Award Flawed

    A former employee of a Societe Generale energy subsidiary asked a New York federal judge on Tuesday to vacate an arbitration award in favor of the company in a dispute over its alleged refusal to honor a promised promotion for completing an acquisition, saying the arbitrator openly displayed bias against him.

  • October 19, 2016

    Seafood Co., Temp Agency Exploited Workers, DOL Says

    A Massachusetts seafood company and temporary employment agency underpaid more than 50 vulnerable, low-wage employees, falsified records and at times took improper deductions from workers' pay, according to a lawsuit brought by the U.S. Department of Labor.

  • October 19, 2016

    2nd Circ. Judge Says Madoff Appeal Goes 'Beyond Chutzpah'

    A New York engineers' union fund that got fat off fake Bernie Madoff profits and later escaped a $33 million clawback effort was before the Second Circuit on Wednesday to press pension-law claims against Bank of New York Mellon over long-ago Madoff advice — an appeal one judge criticized for its audacity.

  • October 18, 2016

    Ill. Judge Urges Against Transgender Locker Room Ban

    An Illinois federal judge on Tuesday recommended against an injunction sought by a group of students and parents who filed a lawsuit after a suburban Chicago school district allowed a transgender student to use the girls’ locker room, expressing doubt the lawsuit would be successful.

  • October 18, 2016

    CTA Must Face Suit From Driver Allegedly Fired For Obesity

    An Illinois federal judge on Monday denied a bid by the Chicago Transit Authority to dismiss an employment discrimination suit by a former bus driver who says he was fired because his obesity was perceived as a disability by his employer.

  • October 18, 2016

    SpaceX Welder Seeks $8M As Sex Harassment Trial Launches

    The attorney for a former SpaceX welder who claims the company allowed a senior welder to repeatedly sexually harass her asked a California jury during Tuesday opening statements for $8 million in damages, while the aerospace company countered that the woman's story is a "fabrication."

  • October 18, 2016

    Warehouse Co. Ends Appeal Of Defecator DNA Test Verdict

    A warehouse storage and transportation company dropped its appeal Monday of a verdict that it violated federal law when it forced two employees to take DNA tests during its search for a workplace defecator.

  • October 18, 2016

    Texas Intervenes In Fight Over Firefighter Union Leave Policy

    The state of Texas intervened Tuesday in a state court suit challenging the city of Austin’s labor agreement with firefighters, saying it is concerned that the city’s collective bargaining agreement allots public money for private political activities by giving firefighters time for union activities.

  • October 18, 2016

    3rd Circ. Says Ex-EDMC Workers Can Bring Bias Suits In Court

    Two former Education Management Corp. employees' discrimination and retaliation claims against the for-profit college were wrongly dismissed by a Pennsylvania federal court, the Third Circuit ruled Tuesday, saying that their express disavowals of the company's alternative dispute resolution policy allow them to bring their claims in court.

  • October 18, 2016

    AseraCare Pounds Gov't Bid To Revive Hospice FCA Case

    AseraCare Inc. urged the Eleventh Circuit on Monday to preserve the hospice chain's high-profile victory in a False Claims Act case alleging bogus certifications of terminal illness, arguing that the U.S. Department of Justice doomed itself by limiting the evidence presented.

  • October 18, 2016

    Ex-NHLers Refile Concussion Complaint With Player Changes

    Former hockey players who allege the National Hockey League failed to warn them of the known risks of concussions filed a new complaint Monday in multidistrict litigation in Minnesota federal court reflecting exclusion of two former named plaintiffs who dropped out and the addition of the estate of a CTE sufferer approved by the court last week.

  • October 18, 2016

    Mich. Tribe Wants Info On Blue Cross Profits In ERISA Suit

    The Little River Band of Ottawa Indians on Tuesday looked to force Blue Cross Blue Shield of Michigan to disclose information about the rates of return it earns on specific investments in the tribe's suit alleging the insurer flouted the Employee Retirement Income Security Act while administering an employee health benefit plan.

  • October 18, 2016

    HP Makes Another Push To End Navy Yard-Shooting Suits

    Hewlett Packard Enterprises Services LLC asked a D.C. federal judge Tuesday to reconsider a decision refusing to toss personal injury suits over the company's employment relationship with Washington Navy Yard killer Aaron Alexis, arguing the plaintiffs failed to allege HP knew Alexis was capable of mass murder.

  • October 18, 2016

    Railway Puts Union Dispute On Track To Supreme Court

    Wheeling & Lake Erie Railway has asked the U.S. Supreme Court to review a Sixth Circuit ruling that upheld the dismissal of the company's lawsuit against a union for violating the Railway Labor Act with a strike over a “minor dispute,” saying the decision conflicts with a prior circuit ruling.

  • October 18, 2016

    Calif. Truckers Blast Stay Bid In Train-To-Hire Suit

    A driver who alleged trucking company C.R. England Inc. induced California job applicants to enroll in a for-profit, in-house truck driving school with the false promise of guaranteed employment told a Utah federal judge Monday that a $2.35 million settlement in a related case shouldn’t derail his proposed class action.

Expert Analysis

  • OPINION: NLRB Clashes With Corporate Social Responsibility

    Glenn Spencer

    It’s one thing for a business to request that its subcontractors and suppliers follow a code of conduct, but it’s quite another to incur legal liability if they don’t. Surprisingly, the National Labor Relations Board has presented businesses with this very dilemma, says Glenn Spencer, vice president of the Workforce Freedom Initiative at the U.S. Chamber of Commerce.

  • Oral Advocacy And 'Vocal Fry'

    Higdon (1).jpeg

    In a sneak preview of the fall edition of Legal Communication & Rhetoric, Professor Michael Higdon of the University of Tennessee College of Law explores the negative reactions to "vocal fry," the accusations of sexism those reactions have engendered, and what all this means for female attorneys.

  • A Potential Secret Sauce For Mooting Class Claims

    Rick L. Shackelford

    Based on the U.S. Supreme Court's decision in Campbell-Ewald, we know that an unaccepted Rule 68 offer of judgment does not end an Article III case or controversy, and will not moot a plaintiff’s claim. However, what remains uncertain is whether there are any steps that can terminate a putative class action nonconsensually before class certification is litigated, says Rick Shackelford of Greenberg Traurig LLP.

  • How Escobar Is Already Affecting FCA Litigants

    Brian Irving

    A New York federal court's recent decision in U.S. v. Northern Adult Daily Health Care Center is one of the first to substantively apply the U.S. Supreme Court's ruling in Escobar. It highlights the barrier the False Claims Act’s materiality requirement poses to FCA relators while also suggesting ways in which courts already are divided in their interpretation of Escobar, says Brian Irving of Bass Berry & Sims PLC.

  • The Courtroom Where It Happened: Hamilton As A Lawyer

    Randy Maniloff

    Often lost in discussions about Alexander Hamilton is that he was an extremely important New York lawyer. He had an extensive law practice until his death in 1804 and he wrote what is considered to be the first treatise in the field of private law. Ultimately, Hamilton certainly did get "a lot farther by working a lot harder, by being a lot smarter, by being a self-starter," says Randy Maniloff of White and Williams LLP.

  • 4 Considerations For Challenging Agency Actions

    Chris S. Leason

    The U.S. Supreme Court's 2015 decision in Perez v. Mortgage Bankers Association seemed to foreclose many challenges to so-called “interpretive rules” issued by federal agencies. However, the D.C. Circuit's recent decision in Agricultural Retailers Association and The Fertilizer Institute v. U.S. Department of Labor presents a road map for developing successful litigation against ostensibly “interpretive” agency guidance, say attorn... (continued)

  • Dudenhoeffer's Applicability To Privately Held Stock

    Chelsea Ashbrook McCarthy

    The Seventh Circuit's recent decision in Allen v. GreatBanc Trust made it the first court to expressly reject Fifth Third Bancorp v. Dudenhoeffer's application to plan investments in privately held stock. The decision clarifies a plaintiff's burden to plead a prohibited-transaction claim under Section 406 of the Employee Retirement Income Security Act, say Chelsea Ashbrook McCarthy and Louis Joseph of Holland & Knight LLP.

  • What To Know About EEOC's New Retaliation Guidance

    Matthew C. Cooper,

    The U.S. Equal Employment Opportunity Commission's recent guidance on retaliation attempts to help employers reduce the likelihood of retaliation by, among other things, outlining its analyses of recent case law and providing concrete examples. However, this does not always mean the agency agrees with the court rulings or that all court interpretations are incorporated into the guidance, says Matthew Cooper of Squire Patton Boggs LLP.

  • Why Have Lawyers Forgotten About The Middle Class?


    Sorry, fellow lawyers, judges and legislators, but the jig is up. It’s time to show the public the cards up our sleeves and give them a chance to weigh in on the fairness of a system that touches so many aspects of their everyday lives, says Chas Rampenthal, general counsel of LegalZoom.

  • Prelitigation Steps For Trade Secret And Noncompete Cases

    Excerpt from Lexis Practice Advisor
    Matthew T. Miklave

    One of the first steps in addressing potential trade secret misappropriation and breach of restrictive covenant claims is determining the scope and extent of the employer’s protections. However, the prelitigation process involves many more stages. Attorneys with Robinson & Cole LLP address seven specific steps you should take on behalf of an employer in assessing and addressing a potential breach of a noncompete agreement.