Employment

  • April 24, 2018

    DOJ Demands Must End After FCA Suit Declined, Clinic Says

    The U.S. Department of Justice has improperly continued to demand medical records and testimony from a podiatry clinic chain despite declining to join a False Claims Act case that accuses the chain of fraudulent billing, according to a petition filed Monday in Kentucky federal court.

  • April 24, 2018

    Attys Say Fraud Claims Just Cover For Delays In NFL Deal

    A group of four law firms representing players in the landmark $1 billion NFL concussion settlement has stepped up attacks against the program’s claims administrator, accusing it of a “Machiavellian strategy” to delay desperately needed payouts for players by “falsely accusing” the attorneys of fraud.

  • April 24, 2018

    Injury Suit Against Kansas City Power & Light Is Back On

    A Missouri appeals court panel on Tuesday revived a worker’s lawsuit against a power supplier over a 2013 fall in which he injured his wrist, ruling there were triable issues as to whether he was a statutory employee confined to workers’ compensation or free to file a premises liability suit.

  • April 24, 2018

    BNSF Says EEOC Flouted ADA With Enforcement Actions

    BNSF Railway Co. slapped the U.S. Equal Employment Opportunity Commission with a lawsuit in Texas federal court Tuesday, alleging that the agency flouted the Americans with Disabilities Act by sending individuals right to sue notices based on an illegitimate charge from a former EEOC commissioner.

  • April 24, 2018

    No Retrial For Ex-Professor Who Called Sandy Hook A Hoax

    Jurors reasonably found that Florida Atlantic University did not violate a professor's speech rights by firing him after learning of a blog in which he said the Sandy Hook Elementary School mass shooting was a hoax, a judge ruled Monday in refusing him a new trial.

  • April 24, 2018

    Cheerleaders Will Drop Bias Claims If Goodell Agrees To Meet

    Two former NFL cheerleaders told the league Tuesday they're willing to end discrimination claims in exchange for a good-faith meeting with league commissioner Roger Goodell aimed at improving treatment and management of cheer squads.

  • April 24, 2018

    Goldman Sachs Let Off Hook For Ex-VP's $10M Legal Fees

    A New Jersey federal judge ruled Tuesday that Goldman Sachs does not have to pay the legal fees, now pegged at $10 million, incurred by its former vice president Sergey Aleynikov in a nine-year fight with prosecutors over his alleged theft of code, saying chitchat from a Delaware business judge doesn’t trump binding precedent from the Third Circuit.

  • April 24, 2018

    NJ Gov. Signs Equal Pay Bill Amid Debate Over Impact

    New Jersey Gov. Phil Murphy on Tuesday signed into law a bill aimed at promoting equal pay for workers regardless of race or gender, which supporters praised as a way to reduce the pay gap while others warned the law is vague and a “litigation magnet.”

  • April 24, 2018

    Fox Commentator's Harassment Claims Trimmed In Payne Suit

    Former Fox News commentator Scottie Nell Hughes can proceed with a key claim that the network illegally blacklisted her after she reported alleged rape and continued harassment by Fox Business host Charles Payne, a New York federal judge ruled Tuesday, while also narrowing Hughes’ other claims.

  • April 24, 2018

    Wireless Tower Builder Says Competitor Poached Employees

    A wireless infrastructure construction company sued a competitor in Illinois federal court on Monday, accusing the company of "systematically" poaching its employees and subcontractors and inducing them to violate their noncompete and nonsolicitation agreements in order to gain access to confidential information and trade secrets.

  • April 24, 2018

    The Barriers Keeping #MeToo From Reaching Its Full Potential

    While the #MeToo movement has led to a long-awaited reckoning for workplace sexual harassers and the employers that enable them, it’s also bumped up against a handful of legal, legislative and cultural barriers that still deprive many women of justice, leading plaintiffs’ attorneys say.

  • April 24, 2018

    Cox Beats Ex-Worker’s Retaliation Suit At 10th Circ.

    Cox Communications LLC does not have to face a former employee’s lawsuit alleging she was fired for complaining about discrimination against another co-worker, the Tenth Circuit ruled Tuesday, agreeing with the lower court that she failed to demonstrate a connection between her actions and her termination.

  • April 24, 2018

    Greenspoon Marder Nabs Eisner Attys For New LA Office

    Florida-based Greenspoon Marder LLP has moved forward with its national expansion plans, opening an office in Los Angeles with six corporate litigators, four of whom jumped from the Beverly Hills business and entertainment law firm Eisner Jaffe.

  • April 24, 2018

    Texas Business Groups Sue To Block Austin Sick Leave Rule

    A group of businesses and business associations, represented by the conservative think tank Texas Public Policy Foundation, hit the city of Austin with a lawsuit Tuesday challenging the city's mandatory paid sick leave ordinance, set to go into effect on Oct. 1, and asked the court to halt its implementation.

  • April 24, 2018

    8th Circ. Upholds University Win In Wrongful Termination Row

    The Eighth Circuit on Tuesday said the University of North Dakota did not violate the free speech rights of a former employee when it fired him after he had criticized the legal fees the school's environmental research center was paying.

  • April 24, 2018

    Rail Cos. Hit With Another Worker 'No Poach' Antitrust Suit

    Knorr-Bremse and Wabtec are facing new employment antitrust allegations after former employees sued in Maryland federal court Monday over alleged “no poach” agreements between the two rail supply companies.

  • April 24, 2018

    Mass. Justices Skeptical Judge Can Keep Job After Scandal

    Justices on the Massachusetts Supreme Judicial Court appeared skeptical when considering whether a state court judge who admitted to an affair with a court clinician can remain on the bench as they heard oral arguments in the potentially precedent-setting case Tuesday morning.

  • April 24, 2018

    New United Video Suits Show Stubborn Power Of Viral Media

    A year after a video of airport security officers dragging a passenger off of a United Airlines plane went viral, new litigation related to the event makes the case a model for how social media can lead to legal consequences that continue long after the public has moved on.

  • April 23, 2018

    The Next Hy-Brand: 3 Cases That Could Undo Browning-Ferris

    With the Trump administration's attempt to use a case involving Hy-Brand Industrial Contractors to overturn the National Labor Relations Board's 2015 Browning-Ferris decision now in legal limbo, attorneys say the board's general counsel, Peter Robb, may revisit the standard through a different case.

  • April 23, 2018

    Call Center Workers Tell DOL General Dynamics Stole Wages

    The Communications Workers of America on Monday filed complaints with the U.S. Department of Labor on behalf of workers at five call centers operated by a General Dynamics unit that handle calls for the Centers for Medicare and Medicaid Services, accusing the company of “widespread wage theft.”

Expert Analysis

  • Another Take On 'Take-Home' Asbestos Exposure In Calif.

    Theresa Mullineaux

    A California appellate court recently upheld a trial court’s summary judgment in a secondary exposure asbestos case where the plaintiffs could offer no admissible evidence that the decedent’s father worked around asbestos-containing materials. While this opinion is unpublished and uncitable under California rules, its legal theory can apply to other cases, says Theresa Mullineaux of Husch Blackwell LLP.

  • Equal Pay: Where Do We Stand Now?

    Debra Ellwood Meppen

    In Kelly Ellis v. Google, a California federal judge recently denied Google's bid to dismiss classwide claims alleging gender-based pay discrimination. If the class is certified and if the plaintiffs win, it may signify the beginning of the end of the fight for equal pay for women, say Debra Ellwood Meppen and Laurie DeYoung of Gordon & Rees LLP.

  • The Puzzle Of Enforcing Class Action Bars Post-Shady Grove

    Daniel Fong

    It's been eight years since the U.S. Supreme Court’s ruling in Shady Grove Orthopedic Associates v. Allstate Insurance, but courts continue to wrestle with whether state statutory class action bars are enforceable in federal court, say Daniel Fong and Robert Guite of Sheppard Mullin Richter & Hampton LLP.

  • A Closer Look At NCAA's 'Dancing With The Stars' Decision

    Ronald Katz

    Although many people may disagree with the NCAA's decision to permit college basketball star Arike Ogunbowale to participate in the popular television program "Dancing With the Stars," it is consistent with NCAA bylaws — for four reasons, says Ronald Katz of GCA Law Partners LLP.

  • Anonymous Posts Of Alleged Trade Secrets: Free Speech?

    Michael Weil

    Several California appellate courts have recently ruled on conflicts between employers and publishers over the appropriateness of anonymous online posts, including the alleged publication of trade secrets. Now the California Supreme Court is poised to decide Hassell v. Bird, a key case in this free-speech battle, says Michael Weil of Orrick Herrington & Sutcliffe LLP.

  • New Wash. Employment Laws Focus On Privacy And #MeToo

    Christopher Gegwich

    June will be a busy month for employers in the state of Washington. The impending activity is a result of Gov. Jay Inslee’s recent signing of a series of bills that directly impact the employer-employee relationship and impose a variety of new restrictions and obligations on employers, say Christopher Gegwich and Christopher Moro of Nixon Peabody LLP.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Update For Gov't Contractors On Settled Suit Cost Recovery

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    Since the Federal Circuit's 2009 decision in Geren v. Tecom, the allowability of government contractor settlement costs incurred in just about any type of third-party lawsuit has been unclear. But this month the U.S. Court of Federal Claims had the opportunity to analyze the Tecom standard in Bechtel v. U.S., say Steven Masiello and Tyler Thomas of Dentons.

  • Refuting Insurer Denials Linked To Employee Misconduct

    Greg Van Houten

    When faced with a denial for coverage of legal costs associated with employee misconduct, policyholders should never assume that their insurer’s interpretation is correct. In fact, some policyholders are well-positioned to refute such denials, especially when the cited exclusion fails to define “abuse” or is otherwise vague, says Greg Van Houten of Haynes and Boone LLP.

  • In Ohio, Tax Pendulum Swings In Favor Of Freelancers

    Thomas Ubbing

    New tax provisions added as part of the 2017 Tax Cut and Jobs Act substantially favor independent contractors over W-2 employees. This, coupled with the 100 percent Ohio income tax exclusion for business income, means many Ohio independent contractors will pay far less taxes than W-2 employees at the same pay levels, says Thomas Ubbing of Brouse McDowell LPA.