A Virginia federal judge on Friday threw out a former DynCorp International Inc. employee's suit accusing the military contractor of firing him after he questioned its alleged use of fraudulent billing practices, finding no evidence that DynCorp's practices defrauded the federal government.
The Congressional Budget Office this week slammed a Republican proposal to overhaul the Affordable Care Act so that workers must clock 40 hours a week instead of 30 to be guaranteed coverage, finding it would increase the deficit by $74 billion over the next decade and result in 1 million people losing work-based insurance.
A California federal judge ruled Thursday that a recent state appeals court ruling didn't present an intervening change in controlling law warranting reconsideration of his denial of class certification in a wage-and-hour dispute between Jenny Craig Inc. and its employees.
New York can't be targeted for liability by a qui tam plaintiff who says the state improperly used federal funds to pay law firm Raff & Becker LLP to monitor its unemployment insurance appeal board, a lawyer for the state said Friday, citing U.S. Supreme Court precedent that says a state is not a “person” within the meaning of the federal False Claims Act.
The six months after a woman returns from maternity leave is a key point in her career, and a firm that takes steps to help a woman through that period greatly increases the chances that she will stay and continue to progress, says Christine Haskett, co-chairwoman of Covington & Burling LLP's patent litigation group.
I once chaired a major aviation conference in Europe where a speaker expressed surprise and doubt that someone young and pretty could possibly be in my role. I thanked the speaker for the compliment, referring to him as "my favorite dinosaur." Everyone had a laugh, and I had made my point, says Anita Mosner, deputy chairwoman of Holland & Knight LLP's aviation team.
The Texas Supreme Court on Friday reinstated a cardiovascular clinic’s bid to defeat a former co-owner’s $1 million judgment in a dispute over restrictions in a stock buyout agreement, while they consider in a pending case whether such provisions qualify as covenants not to compete.
A former account coordinator recently slapped OpenCommunications Omnimedia LLC with a sexual harassment suit in New York state court, claiming he was fired for complaining about constant inappropriate comments from female supervisors, including one who texted, “When are we going to have our bang sesh?”
The International Union of Operating Engineers told a California court Thursday that Illinois National Insurance Co. can’t rely on exclusions to sidestep the costs of defending a trio of trade unions’ underlying racketeering and labor law suits, saying that each asserts at least one coverage-triggering claim.
The Fourth Circuit's new ruling that sloppy drugmaking can't support False Claims Act cases is the latest blow to lawsuits that equate regulatory noncompliance with fraud, but experts say whistleblowers and prosecutors may still be able to successfully target manufacturers that have egregious quality-control lapses.
A former employee of Chipotle Mexican Grill Inc. lodged a proposed class action in California court Wednesday alleging the restaurant chain neglected to pay overtime, did not provide proper breaks and failed to address sexual harassment claims.
The general counsel for the NCAA said Friday that the organization had the law on its side in its effort to retain the status quo in its treatment of student-athletes, amidst two closely watched proceedings that could change how they are compensated and classified.
The Nevada Supreme Court ruled Thursday that the Las Vegas Sands Corp. does not have to hand over confidential company information to a fired, former president suing for breach of an employment contract, saying he was too late in requesting the materials.
Democratic Senators on Thursday introduced a bill preventing security clearance contractors from reviewing and approving their own background checks, following allegations by the U.S. Department of Justice that contractor U.S. Investigative Services LLC skimped on its work in order to get paid.
Even after the U.S. Supreme Court's Comcast decision, the need for individual damage calculations doesn't preclude class certification, ex-Applebee's workers said Friday, urging the Second Circuit to reverse a lower court's decision to nix their bid for certification on state-law wage claims.
Hewlett-Packard Co. urged a California federal judge on Friday to toss a proposed class action claiming the company's ill-fated $11 billion purchase of Autonomy Corp. harmed HP's employee retirement plan beneficiaries, arguing there's no evidence that the company failed in its fiduciary duty to the plaintiffs.
The University of Pittsburgh Medical Center was hit with a putative class action Thursday in Pennsylvania court by employees who say the facility failed to protect their personal data, which was stolen by crooks in a massive identity theft heist.
A New York federal judge on Friday upbraided a former CIFC Corp. employee's attorney in a discrimination and securities fraud suit against the company for persistently raising discovery issues, telling him at a hearing: "This is not a barroom or your office where you get to run the show. Sit down."
A Florida appeals court ruled Wednesday that a former headmaster could not enforce an $80,000 age bias settlement agreement because he breached the deal's confidentiality clause by disclosing it to his daughter, who then trumpeted the news to her 1200 Facebook friends.
An ex-Boh Brothers Construction Company LLC worker who saw the Fifth Circuit breathe new life into his same-sex harassment suit over allegedly vulgar and sexually charged taunting from a male supervisor will get $125,000 in a settlement, the U.S. Equal Employment Opportunity Commission said Thursday.
Despite two federal appellate courts striking down the National Labor Relations Board's notice-posting rule last year, 2014 could still prove to be a very good year for organized labor. Indeed, it is possible the NLRB will reissue a notice-posting rule that has a better chance of being judicially upheld — and it's not the only regulation the board may revive in 2014, says Stuart Buttrick of Faegre Baker Daniels LLP.
Counsel certainly have the power to have a case in any district ready for trial in a year. Implementing the scope of Federal Rule of Civil Procedure 1 is and should be what federal litigation is all about in this day and age. Resources from the Federal Judicial Center provide really excellent ideas to streamline cases and the increasingly rambling manner in which they are handled by attorneys, says Collin Hite of Hirschler Fleischer PC.
Energy companies recently won a major victory in an important trade secrets case in a Texas appeals court. The most significant development from Lamont v. Vaquillas Energy Lopeno Ltd. is further clarification that companies may be protected by common law if they disclose trade secret information to an investor without a confidentiality and nondisclosure agreement in place, says Randy Bruchmiller of Seyfarth Shaw LLP.
Companies that send employees on assignment abroad are faced with a variety of choices on how to financially structure them for compensation and taxation purposes. In jurisdictions where the law requires expatriates to have a local employment contract, split payrolls are a recommended option as they offer tax advantages because obligations may be apportioned between the home and host company, say Philip Berkowitz and Trent Sutton of Littler Mendelson PC.
While commentators have noted that the U.S. Supreme Court's ruling in Sandifer v. United States Steel Corp. only applies to unionized employers, there are nuances in the decision that may be applicable to nonunionized workforces too. Such employers may wish to use the decision — and Sections 254(b), (c) and (d) of the Fair Labor Standards Act — to inoculate themselves from employee claims regarding donning and doffing, says Martha Lemert of Faegre Baker Daniels LLP.
The First Circuit’s recent decision in U.S. v. Takeda Pharm. Co. Ltd. articulates very clear Rule 9(b) limitations on False Claims Act relators, unambiguously holding that a relator must allege with specificity that the purportedly fraudulent scheme resulted in false claims. While it is probably unlikely that this will deter relators from filing FCA claims, the decision is a very important addition to the arsenal of FCA defendants, says Laura McLane of McDermott Will & Emery LLP.
In preparing to teach a course on alternative dispute resolution, I recently did some research into the relationship between probability theory and the way “decision analysis” — aka “risk analysis” — is sometimes used to determine the discounted settlement value of civil cases. What I learned was unnerving, but it may help defense and plaintiffs’ counsel avoid misevaluating their cases, says Judge Wayne Brazil, a JAMS mediator and former magistrate judge in the U.S. District Court for the Northern District of California.
Three years after its passage, the Affordable Care Act remains the target of litigation over its contraceptive mandate, from both for-profit corporations and nonprofit religious organizations. At first blush, the challenges to the mandate before the U.S. Supreme Court appear to be very similar, however, the cases differ in several important respects, says Jennifer Shanley of Cooley LLP.
Professional literature, court opinions, rules of evidence, and other bodies of knowledge and works of law often use the phrase “reasonable certainty” when discussing damages, but the threshold for reasonable certainty is ambiguous. Courts enjoy a wide discretion in determining whether the expert’s testimony qualifies, and it appears that the courts will look toward several potential variables, say Neil Steinkamp of Stout Risius Ross Inc. and Regina Alter of Butzel Long PC.
Recently, the U.S. Supreme Court held that immunity for an air carrier under the Aviation and Transportation Security Act may not be denied without a determination that a statement by the carrier was materially false. The decision vindicates the need for open communications with the federal government about perceived threats to aviation safety — even before complete information concerning the threat is available, say attorneys at Morrison & Foerster LLP.