Employment

  • April 28, 2017

    Law Firm Secretary Suing For OT Did Exec Work, Jury Hears

    The founding partner of a boutique Los Angeles firm cross-examined a former secretary Friday in California court over claims he shorted her $140,000 in overtime pay, questioning her duties at the firm and laying the groundwork for a possible defense that she was an executive and therefore not due overtime.

  • April 28, 2017

    Atty Deception Kills Pharma Whistleblower Suit, Judge Rules

    A Massachusetts federal judge on Friday sanctioned a whistleblower’s attorneys for misconduct in a suit alleging false claims to Medicare by tossing the case, ruling that the complaint wouldn’t have survived the dismissal phase had it not relied on unethically sourced evidence.

  • April 28, 2017

    NHL Not Backing Down Despite Loss On Concussion Docs

    Even though the National Hockey League lost its bid to obtain underlying research materials from Boston University's CTE Center, the league appears as aggressive as ever in defending against a proposed class action by former players who say the NHL failed to warn them of the long-term risks of repeated head injuries.

  • April 28, 2017

    4th Circ. OKs RJ Reynolds' Win In $50M ERISA Suit

    The Fourth Circuit on Friday upheld tobacco giant RJ Reynolds’ win in an Employee Retirement Income Security Act class action over $50 million allegedly lost to retirement plan mismanagement following its 1999 spinoff from RJR Nabisco Inc., saying that a hypothetical and prudent plan manager would have done the same thing.

  • April 28, 2017

    Hobby Lobby Moots Co.'s Contraception Rule Case: 7th Circ.

    The Seventh Circuit on Friday vacated an injunction blocking the Affordable Care Act’s pre-Hobby Lobby contraceptive mandate for for-profit employers, noting the grounds for such relief were mooted when Congress amended the ACA to shield religious beliefs after the high court ruled on the case.

  • April 28, 2017

    NHL Looks To Eject 2 Ex-Players From Head Injury MDL

    The National Hockey League on Thursday asked a Minnesota federal judge to cut two retired players from a proposed class action alleging the league didn’t tell players about the risks of concussions, arguing that the men’s claims are time-barred.

  • April 28, 2017

    DC Circ. Nixes Steel Supplier's Noncompete Agreement

    The D.C. Circuit on Friday upheld the National Labor Relations Board’s decision that a steel industry supplier illegally started forcing new hires to sign a noncompete agreement without first consulting a union about the policy shift.

  • April 28, 2017

    Friedman Kaplan Adds Ex-Prosecutor To White Collar Group

    Friedman Kaplan Seiler & Adelman LLP has reclaimed its former partner Mala Ahuja Harker, a onetime federal prosecutor who will join the firm's white collar and litigation practice groups as a partner in its Newark, New Jersey, and New York City outposts. 

  • April 28, 2017

    Sprint Whistleblower Stays Locked Out Of $15.5M FCA Deal

    A former federal prosecutor turned whistleblower isn’t entitled to a chunk of the government’s $15.5 million False Claims Act settlement with Sprint, a Ninth Circuit panel said in a published decision Friday, concluding it didn’t matter if the government’s suit was based on his own tossed case against several telecoms.

  • April 28, 2017

    Theater Union Operated Illegal Hiring Hall, NLRB Judge Says

    A local chapter of the International Alliance of Theatrical Stage Employees maintained an exclusive hiring hall that illegally stacked the deck against individuals who weren't members of the union, a National Labor Relations Board judge ruled Thursday.

  • April 28, 2017

    Sheppard Mullin Adds MSK's Employment Partner In Calif.

    Sheppard Mullin Richter & Hampton LLP has hired a Mitchell Silberberg & Knupp LLP partner who’s represented corporate clients in a variety of contract and employment disputes to join the firm’s labor and employment practice group in Los Angeles' Century City, the firm said Friday.

  • April 28, 2017

    No Immunity For Doc In Med Mal Row, Texas High Court Finds

    The Texas Supreme Court ruled Friday that a doctor did not qualify as an employee of the government under state law during her residency and would therefore have to face a suit over the death of a pregnant patient.

  • April 28, 2017

    Nurses Qualified To Testify On Injury Causation, Court Says

    Certain classes of nurse practitioners may be able to testify as to whether medical conduct led to injuries alleged in medical malpractice lawsuits, the Washington State Supreme Court ruled Thursday.

  • April 28, 2017

    9th Circ. Affirms US Bank's Quick Win In Age Bias Suit

    The Ninth Circuit declined Thursday to revive an age bias suit from a former U.S. Bancorp Inc. financial adviser, saying he was fired because of poor performance, not because he was past his 68th birthday.

  • April 28, 2017

    Dancers Hit Philly’s Vanity Grand Cabaret With Wage Suit

    An exotic dancer filed a lawsuit on Thursday in Pennsylvania federal court against Philadelphia club Vanity Grand Cabaret, alleging that it doesn’t pay its dancers a proper minimum wage and improperly claims they are independent contractors.

  • April 28, 2017

    NHL Denies Proof Of Concussion-CTE Link In Class Cert. Fight

    The NHL urged a Minnesota federal court Thursday to reject two classes proposed by former hockey players alleging the league failed to warn them about the risks of repeated head injuries, saying no scientific study has definitively linked head traumas to neurodegenerative conditions.

  • April 28, 2017

    OSHA Pulls Rule Letting Union Reps Join Walk-Throughs

    The Occupational Safety and Health Administration has rescinded a memo allowing union representatives to take part in workplace walk-throughs, the National Federation of Independent Business said on Thursday, dropping its legal challenge of the so-called Fairfax memo.

  • April 28, 2017

    More NFL Players’ Ex-Counsel Seek Concussion Deal Payout

    Another law firm with ties to NFL players in the concussion and head injury litigation filed petitions Thursday in Pennsylvania federal court to place liens on any recovery funds obtained by their clients through a settlement approved earlier this year.

  • April 28, 2017

    Nurse Can't Show Transfer Was Demotion, Texas Court Says

    A nurse who sued her hospital employer alleging racial discrimination and retaliation after she was transferred within a neonatal intensive care unit hadn’t proved that her transfer was a demotion, a Texas state appellate panel ruled, upholding the hospital’s win.

  • April 28, 2017

    Workplace Deaths In Mass. Hit 10-Year High, Report Finds

    The rate of workplace fatalities in Massachusetts hit a 10-year high in 2016, the Massachusetts AFL-CIO and the state Coalition for Occupational Safety and Health said in a report released Thursday.

Expert Analysis

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • A Hollow Win For Ride-Sharing Cos. On Unionizing Drivers

    Daniel Handman

    When a federal judge in Seattle recently enjoined the city from enforcing parts of an ordinance allowing ride-sharing drivers to unionize, it was hailed as a major victory for a badly beaten industry. But that victory may prove to be fleeting, says Daniel Handman of Hirschfeld Kraemer LLP.

  • Increasing Focus On Info Exchanges Among Competitors

    Phillip Johnson

    When we think of a collusive agreement between competitors, we usually think of an act of directly fixing prices or output. But just sharing sensitive nonpublic information can have adverse effects on competition. Indeed, recent activity in private and public antitrust enforcement shows growing concern with competitors’ coordinated actions and information sharing, say Phillip Johnson and Niyati Ahuja of Econ One Research Inc.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • Addressing Personal Jurisdiction Limits At The High Court

    Grant Esposito

    State court decisions in Bristol-Myers Squibb v. Superior Court of California and BNSF Railway v. Tyrrell both adopted an expansive view of personal jurisdiction that is seemingly at odds with the U.S. Supreme Court’s efforts to cabin that doctrine. If the recent oral arguments before the Supreme Court in these cases are any indication, the state courts will probably lose again, say attorneys with Morrison & Foerster LLP.

  • Title VII Takeaways From Hively V. Ivy Tech

    Andrew Melzer

    The Seventh Circuit's recent opinion in Hively v. Ivy Tech Community College, finding that Title VII extends to sexual orientation, bodes well for victims of sexual orientation discrimination. Such a decision coming out of a widely influential yet relatively middle-of-the-road circuit gives clear cover to panels in other circuits to follow its lead, say Andrew Melzer and James Richardson of Sanford Heisler Sharp LLP.

  • Gov't Nonintervention In Agape And Future FCA Cases

    Joshua Hill

    The Fourth Circuit's recent Agape decision is a reminder that the government’s nonintervention in a False Claims Act case should not be mistaken for government disinterest, says Joshua Hill of Morrison & Foerster LLP.

  • Thinking Fast And Slow About Class Action Reform

    Michael Donovan

    Corporate interests lobbying for H.R. 985, the anti-class action bill recently passed by the U.S. House of Representatives, are the same ones that pushed the Class Action Fairness Act in 2005. That law caused most significant class actions to migrate to federal courts. Ironically, the new bill could return many class actions to state courts, says Michael Donovan of Donovan Litigation Group LLC.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Employment Class Waivers: Which Came First, FAA Or NLRA?

    Bonnie Burke

    Until the U.S. Supreme Court determines whether mandatory arbitration agreements containing class action waivers are enforceable under the Federal Arbitration Act — despite any protections afforded by the National Labor Relations Act — a close reading of recent appellate decisions provides employers with guidance to overcome the current attacks on such agreements, say Bonnie Burke of Lawrence & Bundy LLC and Christina Tellado of Reed Smith LLP.