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Employment
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May 17, 2013
ING Gave Morgan Stanley Kickbacks For 401(k) Biz, Suit Says
An Alabama medical laboratory filed a proposed class action in New York federal court on Friday alleging Morgan Stanley & Co. Inc. encouraged the lab to use ING Life Insurance and Annuity Co. to administer its employees' 401(k) plan because ING paid the brokerage firm extra fees.
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May 17, 2013
Tuesday Morning Ex-CEO Sues, Says Ousted For Cancer
The former president and CEO of closeout retailer Tuesday Morning Corp. launched suit Thursday in Dallas County Court alleging she was wrongfully fired after she told the company about her cancer diagnosis.
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May 16, 2013
EEOC's 1st Genetic Bias Class Action Targets Nursing Home
The U.S. Equal Employment Opportunity Commission launched its first class action under the Genetic Information Nondiscrimination Act on Thursday, accusing a New York nursing home of wrongly requesting family medical histories as part of health exams before and after workers accept jobs.
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May 15, 2013
Goodyear Factory Employees Sue For $4M Over Downsizing
A group of French factory workers hit Goodyear Tire & Rubber Company with a $4 million tortious interference suit in April alleging the tire manufacturer's French subsidiary moved ahead with a downsizing plan in violation of its obligations to the employees' union.
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May 14, 2013
Exec Says 'Tyrant' Forced Him Out Of Jennifer Lopez's Co.
A former executive at Jennifer Lopez's Nuyorican Productions Inc. filed a breach of contract suit in California state court Monday alleging a Hollywood veteran “with a long history as a 'tyrant'” forced him out of the production company.
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May 14, 2013
Reader's Digest Says Ex-Workers Misused Business Info
The Reader's Digest Association Inc. on Monday launched a suit in New York bankruptcy court, alleging that three former employees have unfairly diverted business from the bankrupt media company and improperly exercised control over its estate assets, including proprietary business information.
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May 13, 2013
NHL's Rough-And-Tumble History Will Color Concussion Suits
A Friday lawsuit accusing the National Hockey League of failing to warn deceased player Derek Boogaard about the long-term health risks of head injuries could kick off a torrent of litigation against the NHL, but attorneys say that hockey’s lack of involvement in concussion research and its tolerance for fighting could prove to be game-changers for the league.
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May 13, 2013
Ex-Gersten Savage Bankruptcy Atty Sues Over Unpaid Wages
A former Gersten Savage LLP bankruptcy partner sued the defunct law firm and its founder Jay M. Kaplowitz in New York state court Friday alleging they owe him about $360,000 in unpaid wages and damages.
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May 13, 2013
Kaplan Faces FCA Suit Over Playground Construction Wages
A qui tam complaint unsealed Friday accuses Kaplan Early Learning Co. of defrauding the government by failing to pay federally mandated employee wages on more than 200 playground construction contracts funded by Head Start programs.
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May 13, 2013
Fired Exec Says Research Firm Illegally Tracked Applicants
A former executive for ReSearch Pharmaceutical Services Inc. contends the pharmaceutical research company illegally fired him for objecting to its practice of tracking job applicants' religion, sexual orientation and other personal details, according to a lawsuit filed Wednesday in Pennsylvania federal court.
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May 10, 2013
Wal-Mart Accuses Labor Unions Of 'Disorderly' Trespassing
Wal-Mart Stores Inc. on Friday accused members of two unions of trespassing inside its California stores and of "disorderly conduct" including harassing its customers and damaging property as part of their labor activities.
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May 10, 2013
Producer Sues WWE, Wrestler For Posting Violent Interview
The World Wrestling Federation harmed producer Andrew Green when it aired a video in which wrestler Big Show unleashed his violent persona and physically assaulted Green during a profanity-laced post-match interview, according to a lawsuit removed to Arizona federal court Friday.
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May 9, 2013
Merck's 'Boys Club' Targeted In $100M Gender Bias Suit
Merck & Co. was hit with a $100 million discrimination class action Thursday in New Jersey federal court alleging the company discourages its management from hiring and promoting women because of maternity leave fears, and its management promotes a “boys club” atmosphere.
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May 9, 2013
Ex-Cohen Seglias Atty Accuses Firm Of Violating FMLA
A former Cohen Seglias Pallas Greenhall & Furman PC attorney launched a suit in Pennsylvania federal court Monday alleging the firm wrongly fired her after she took time off under the Family Medical Leave Act to treat a serious medical condition.
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May 8, 2013
GOP Donor's Suit Says ACA Breached Origination Clause
A prominent Republican donor on Tuesday sued the U.S. Health and Human Services Department in Texas federal court to invalidate the Affordable Care Act, arguing that the landmark law failed to follow proper legislative procedures and impermissibly requires Americans to buy private insurance.
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May 8, 2013
Ex-Waterford VP Fired To Avoid Incentive Payout, Suit Claims
A former vice president for Waterford Crystal's U.S. operations has sued the company and its private equity owner in New Jersey state court, alleging he was wrongfully fired because the company didn't want to pay an incentive fee it promised at his hiring.
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May 7, 2013
Mannatech Sytematically Ousted Female Execs, Ex-VP Says
Mannatech Inc., a multilevel marketing firm that develops and sells dietary supplements, was hit Tuesday with a gender discrimination suit in Texas state court claiming the company systematically purged its executive ranks of women and paid their male counterparts substantially higher salaries.
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May 7, 2013
Canadian Health Officials Hushed Drug Research, Suit Says
A Canadian health economist on Monday sued British Columbia's health ministry, claiming it wrongfully terminated his research contract in order to suppress his findings that some anti-psychotic medications covered by the country's health system had harmful side effects.
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May 7, 2013
Ex-Starbucks Worker Sues Over Disability Bias, Rape Jokes
Coffee giant Starbucks Corp. turned its back on a longtime worker with a medical condition that causes sudden fainting, leaving her to face derision due to her health as well as repeated sexual harassment before eventually firing her, according to a lawsuit filed Monday in Brooklyn, N.Y.
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May 7, 2013
Fracking Supplier Hit With FLSA Overtime Class Action
Marcellus Shale drilling infrastructure and service provider Superior Energy Resources LLC was hit with a putative class action in Pennsylvania federal court Monday alleging that the company violated the Fair Labor Standards Act as well as state employment statutes.
Expert Analysis
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Rise Of The Machines — Predictive Coding Goes Mainstream
The pros of using predictive coding far outweigh the cons. Given the heavy pressure on law firms and in-house counsel to reduce discovery costs, as well as the Justice Department's recent stance on the subject, it appears predictive coding will continue to emerge from the obscure world of legal technology to the mainstream of legal practice, say Michael Moscato and Myles Bartley of Curtis Mallet-Prevost Colt & Mosle LLP.
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The Evolution Of Ohio's Statute On Employer Tort Claims
With the recent change in Ohio law on employer intentional tort claims comes changes to the good faith obligations an insurance carrier owes to its insureds: In cases involving employer intentional tort claims, insurers may no longer select counsel. Rather, insureds have the right to select counsel with whom they have a preferred relationship and whom they trust, says Thomas Wyatt Palmer of Thompson Hine LLP.
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A New Procedural Trend In Qui Tam FCA Cases
As the federal government faces increased pressure from courts and Congress to speed up intervention decisions in qui tam False Claims Act cases, it is starting to respond by postponing those decisions until after the cases have been unsealed, which could drastically impact how these cases are litigated while the government is waiting in the wings, say attorneys with Nixon Peabody LLP.
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High Court's Nassar Case — What's At Stake For Employers
The U.S. Supreme Court recently heard argument for University of Texas Southwestern Medical Center v. Nassar, and while the case seems promising for employers, it should also remind them that their best protection against retaliation claims will continue to be contemporaneous written evidence of a real reason for taking unfavorable actions against an employee, say attorneys with Seyfarth Shaw LLP.
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NY Jumps On Domestic Violence Protection Bandwagon
In the last few years, there have been significant legal developments to increase protections for victims of domestic or sexual violence, including New York state's recently approved bill that provides 90 days of job protection to victim-employees. If the bill passes, New York legislation, along with that of Illinois and California, would provide arguably the most expansive state protection in the country, say attorneys with Proskauer Rose LLP.
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Calif. Moves Forward To Prevent Human Trafficking
In an effort to combat the $32 billion human trafficking industry, California law now requires certain businesses to post public notices regarding slavery and human trafficking. By doing so, the recently passed bill has effectively made these establishments aware that they may already be unwitting participants in the human trafficking industry, say attorneys with Gordon & Rees LLP.
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SEC Must Stop The Latest Effort To Impede Whistleblowers
Increasingly, employees have been presented with language in severance and settlement agreements that impose on whistleblowers a number of restrictions. These provisions pose a serious threat to the success of the U.S. Securities and Exchange Commission's whistleblower program, say David Marshall and Debra Katz of Katz Marshall & Banks LLP.
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What Sponsors Must Know About Litigation On Church Plans
Recently, two firms have filed class actions against three Catholic Church-affiliated health care facilities, claiming that their pension plans should be subject to the Employee Retirement Income Security Act. These cases could have a profound effect on all church plan sponsors, regardless of whether they have previously obtained favorable church plan rulings, say attorneys with Drinker Biddle & Reath LLP.
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Independent Contractors Strike Out — Lessons For Employers
A lesser-known risk among companies that use independent contractor models is the threat of Title VII litigation, which two recent appellate court decisions, Allen v. Radio One and Alam v. Miller Brewing Company, addressed. These cases remind employers of the ways to minimize such litigation risks, such as adopting a policy to not rehire former employees terminated for misconduct, says Douglas Darch of Baker & McKenzie.
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Renovated: Fla. Rules On Design Professional Liability
A new Florida law will effectively permit business entities providing professional services to limit by contract the liability of their individual employees or agents. Attorneys with design professional clients — including architects, interior designers, landscape architects, engineers, surveyors and geologists — should expect requests for limitation of liability provisions in such contracts beginning July 1, 2013, say Keith Ramsey and Monte Starr of Holland & Knight LLP.