Employment

  • July 7, 2015

    En Banc 9th Circ. Loosens FCA’s Original Source Requirement

    The Ninth Circuit on Tuesday reversed a dismissal of consolidated False Claims Act suits brought by whistleblowers against Kinetic Concepts Inc., overturning 23 years of precedent by ruling en banc that it doesn’t matter whether whistleblowers also played a role in the public disclosure of their claims.

  • July 7, 2015

    Ala. Tribe Says It Didn't Waive Immunity In Age Bias Suit

    The Poarch Band of Creek Indians urged an Alabama federal judge Monday to adopt the recommendations of a magistrate judge and dismiss a former health department worker's $2 million age discrimination complaint, reiterating that the suit is barred by tribal sovereign immunity.

  • July 7, 2015

    Judge OKs NY Hospital's $6.6M FICA Tax Class Settlement

    A New York federal judge on Monday approved a $6.63 million agreement between New York-Presbyterian Hospital and a class of former residents who claimed the institution bargained away their rights to Federal Insurance Contributions Act tax refunds in a settlement with the Internal Revenue Service.

  • July 7, 2015

    3rd Circ. Asked To Rehear FMLA Ruling That Hurts Employers

    A Pennsylvania hospital network facing a revived Family Medical Leave Act suit after denying a former employee's leave request because of an allegedly invalid medical certification petitioned the Third Circuit on Monday to rehear the case, saying the prior ruling will negatively impact employers and their administration of the FMLA.

  • July 7, 2015

    Jackson Lewis Nabs Labor Attys From Littler, Benesch Law

    Jackson Lewis PC has bolstered its Cleveland office with attorneys from Littler Mendelson PC and The Benesch Law Firm who have extensive expertise in management-side employment law.

  • July 7, 2015

    Cigna Says It's Owed Millions In Ind. Fee-Forgiveness Scheme

    Cigna Health and Life Insurance Co. is seeking the return of what it claims is millions in lost profits it made as payments to nearly a dozen Indiana surgical centers as part of a scheme to reel in Cigna plan subscribers and inflate out-of-network costs, with the insurance giant filing a billing fraud suit in federal court Monday.

  • July 7, 2015

    Jaffe & Asher Settles Ex-Worker's Sexual Harassment Claims

    A federal magistrate judge signed off Monday on a settlement agreement between law firm Jaffe & Asher LLP and a former employee over allegations that a former information technology director forcibly kissed her on the neck in a bar.

  • July 6, 2015

    NLRB Ruling Could Gum Up Employers' Workplace Probes

    The National Labor Relations Board recently nixed a 37-year-old standard that protected employers from handing over witness statements to unions in discipline cases, instead adopting a test management-side attorneys say could discourage employee cooperation with probes into misconduct and create uncertainty for employers.

  • July 6, 2015

    McElroy Settles Ex-Atty’s Sex Bias, Sexual Harassment Suit

    McElroy Deutsch Mulvaney & Carpenter LLP has settled an employment suit brought by a former associate accusing the New Jersey firm of sex discrimination and sexual harassment, according to an order filed Monday in New York federal court.

  • July 6, 2015

    Class Attys Blast Objections To Fees In EA, NCAA Deals

    Plaintiffs in a case over allegations of antitrust violations and the improper use of a class of student athletes' likenesses have blasted objections to two settlements totaling $60 million reached with Electronic Arts Inc. and the National Collegiate Athletic Association, saying the objectors fundamentally misunderstand the settlement terms.

  • July 6, 2015

    Texas Couple Sues Over County's Marriage License Delay

    A Texas county issued its first marriage license to a same-sex couple Monday within hours of being sued for not complying with the U.S. Supreme Court’s Obergefell v. Hodges ruling, but still faces an allegation that the county clerk violated the U.S. Constitution and should pay the couple’s legal fees.

  • July 6, 2015

    Corizon Wants Suit Over 18 Stolen Workers To Land In Fla.

    Corizon Health Inc. on Monday asked a Virginia federal judge to transfer to Florida a suit alleging the correctional health care provider stole away 18 employees from health care staffing company NFR LLC, arguing that the case lacks a connection to Virginia.

  • July 6, 2015

    $75M NCAA Deal Objector's Atty Can't Rep Injury Class

    The Illinois federal judge overseeing the NCAA concussion multidistrict litigation on Monday denied a bid by former San Diego State football player Anthony Nichols, who has opposed the $75 million proposed settlement in the case, for his attorney to represent the personal injury class.

  • July 6, 2015

    Hogan Lovells Grabs 3 Baker Botts Partners In Houston

    Hogan Lovells nabbed three seasoned partners from Baker Botts LLP, including the including the former head of Baker's Houston office, to augment its litigation and arbitration practice group in Houston, the firm announced on Monday.

  • July 6, 2015

    Drivers Ask 3rd Circ. To Rethink Ch. 11 Priority Snub

    Drivers that Jevic Transportation Inc. fired just before filing for Chapter 11 contended in court papers Monday that a Third Circuit decision allowing a settlement that favored banks and private equity firms over their $12.4 million wage claim violates basic standards for prioritizing creditors.

  • July 6, 2015

    NFL Tells 8th Circ. To Ignore Challenge To $42M Player IP Deal

    The NFL added its opposition Monday to a request for an Eighth Circuit rehearing of a $42 million settlement between the league and nearly 25,000 players over the use of their likenesses in NFL-sponsored TV shows, saying both a district court and a panel already addressed the relevant facts in the case.

  • July 6, 2015

    'Arsenio' Producer Can’t Nix Ex-Kimmel Writer’s Fraud Suit

    A California judge refused to toss a $2 million suit filed by an ex-“Jimmy Kimmel Live” writer accusing a producer of "The Arsenio Hall Show" of tricking him into working for cheap, but he said Monday that the writer’s contract claims needed to be “tightened up” in an amended pleading.

  • July 6, 2015

    Feds Want $202M From Hospice Chain For FCA Violations

    The federal government on Thursday asked an Alabama federal judge for more than $202 million in damages from AseraCare Inc. in a False Claims Act suit which alleges the company allowed non-terminally ill patients to receive Medicare-funded hospice stays.

  • July 6, 2015

    Twin City On Hook For Workers' Comp Award: Neb. High Court

    The Nebraska Supreme Court has affirmed that Twin City Fire Insurance Co. must cover a workers' compensation award to a boiler manufacturing plant employee who suffered permanent hearing loss, even though the insurer didn't receive notice of the claim until after the award was entered.

  • July 6, 2015

    Gov't Urges 7th Circ. To Rehear $52M College Aid FCA Suit

    The federal government and a whistleblower who alleged a Career Education Corp.-owned college lied to rake in $51.8 million from federal grants and loans pushed the Seventh Circuit for a rehearing Thursday, saying the original panel misinterpreted the False Claims Act when it ruled for the college.

Expert Analysis

  • OPINION: Most Clinton Critics Are Missing The Point

    Jason B. Bonk

    How do our society’s critics keep missing the mark? There is a problem here. It’s not Hillary Clinton's use of a personal email account in her capacity as a government official, but rather an issue of accountability, says Jason Bonk of Cozen O'Connor.

  • Guilt — And Liability — By Association Under The ADA

    Christopher G. Gegwich

    Manon v. 878 Education LLC should reinforce for employers the broad reach of the Americans with Disabilities Act and local civil rights laws in prohibiting actions against employees not only due to their own disabilities, but also the disabilities of others with whom the employee has an “association” or “relationship,” say Christopher Gegwich and Alexander Gallin of Nixon Peabody LLP.

  • Trick Or Tweet: The Perils Of Punishing Employee Posts

    Michael C. Schmidt

    It certainly is a little early for Halloween references. But it is never too early to develop the appropriate mindset when it comes to taking action based on employees’ statements or conduct on social media. Responding to every employee tweet can either be a permitted act or a trap for the unwary, says Michael Schmidt, managing partner in Cozen O'Connor's New York office.

  • Leaves Of Absence And Nonaccrual Vacation In Calif.

    Sebastian L. Miller

    Given the remedies available to employees and the uncertain state of current case law surrounding leaves of absence and nonaccrual vacation policies in California, employers would be wise to reconsider excluding LOA participants from benefiting from their unlimited vacation policies, says Sebastian Miller of Sebastian Miller Law PC.

  • NLRB Report On Work Rules Is Required Reading

    Robert A. Boonin

    While virtually all private sector employers with an employee handbook are vulnerable to scrutiny from the National Labor Relations Board after its general counsel's report on employer work rules, employers with policies on social media, confidentiality, arbitration of class claims, use of logos and cameras and appropriate conduct are more vulnerable than others, says Robert Boonin of Dykema Gossett PLLC.

  • Ethics In The Tech Age: What Every Lawyer Should Consider

    J.S. “Chris” Christie Jr.

    In light of recent changes to the ABA Model Rules of Professional Conduct, what are a lawyer’s ethical duties arising from new technology? And what should a lawyer know about this technology? Bradley Arant Boult Cummings LLP partner J.S. “Chris” Christie Jr. offers an in-depth assessment of what every lawyer should consider in 2015.

  • Employers Should Learn From Clinton Email Kerfuffle

    Samantha L. Southall

    Hillary Clinton is not the first official to use personal email to conduct official business, but her example is a cautionary tale for private employers given security concerns, the Health Insurance Portability and Accountability Act and other possible privacy violations and document retention issues, say Samantha Southall and David Schumacher of Buchanan Ingersoll & Rooney PC.

  • Following The FCA's Public Disclosure Bar

    Lori L. Pines

    Although further clarification is needed, courts appear to be leaning toward interpreting the Affordable Care Act's amendments to the False Claims Act's public disclosure bar as a nonjurisdictional defense. Litigants in FCA cases must therefore be prepared for corresponding changes in motion practice, timing and overall burdens, say Lori Pines and Shireen Nasir at Weil Gotshal & Manges LLP.

  • Ride App Class Actions May Impact 1099 Business Model

    Richard J. Reibstein

    The separate decisions by federal judges in class actions against Uber Technologies Inc. and Lyft Inc. to permit juries to decide whether the companies' drivers are employees or independent contractors may have far-reaching implications for companies that use a 1099 business model and fail to properly structure and document independent contractor relationships, say attorneys at Pepper Hamilton LLP.

  • Mediation And The Thorny Issue Of Settlement Authority

    Douglas H. Flaum

    Many mediation orders state that attendees must have “full settlement authority” without providing clarity as to what that term actually means. Attendance by just outside counsel or a corporate spokesperson is not enough, even if someone else with full settlement authority is just a phone call or keystroke away, say Douglas Flaum and Kevin Broughel of Paul Hastings LLP.