Norwegian Cruise Line has ducked a negligence claim in Florida federal court in a suit over a 12-year-old girl's alleged sexual assault by an employee who used his master key to enter her cabin, with the judge saying the plaintiffs failed to state a claim for negligent hiring, retention, monitoring and supervising.
The U.S. Department of Education didn't discriminate against an IT worker who suffered from an olfactory condition that caused her to feel ill around certain perfumes and fragrances, a D.C. federal judge ruled Monday, saying the agency gave her an air filter and mask in a timely manner.
A former ESPN legal analyst suing for sexual harassment told a Connecticut federal court Monday that the network should be sanctioned for its motion to sanction her for claiming ESPN harassed her with fake Twitter accounts, calling the motion a baseless abuse of process.
A California state appellate court on Monday upheld the dismissal of a proposed class action accusing supermarket chain WinCo Foods LLC of stiffing hourly workers at a California location of some meal breaks, saying the parties legally waived breaks for certain shifts in a collective bargaining agreement.
A Florida-based hospice chain Monday pressed the U.S. Supreme Court to avoid wading into a long-simmering dispute over how precisely False Claims Act suits must be pled, asserting that a circuit split on the issue has mostly evaporated.
A New York federal magistrate judge Monday recommended the court certify a class of employees in a suit alleging fitness wear retailer Lululemon does not pay them for hours spent on mandatory community outreach and administrative work.
The estate of a Wells Fargo worker fired after a past fraud conviction came to light did not show that the company’s implementation of a federal bar on employing those convicted of crimes of “dishonesty” violates federal age bias law, the Eighth Circuit said Monday.
Counsel for Norman Seabrook, the former labor boss accused of steering $20 million of union capital to a now-bankrupt hedge fund for a $60,000 bribe, told a Manhattan jury Monday that a key government witness is a “con man” who can't be trusted, but a prosecutor said both men are “cut from the same cloth.”
An Arkansas federal judge on Monday trimmed two of three classes from a collective action accusing a Dassault Aviation business jet unit of wrongly classifying workers as overtime exempt, finding that the circumstances of those workers weren’t similar enough to justify moving forward collectively.
An attorney already facing sanctions for leveling false claims of sexual harassment in a client's suit was ordered on Monday to pay another $20,000 in the same case after an Illinois federal judge said the attorney continued to litigate against someone he knew was not involved.
A Georgia county accused of firing a gay man because of his sexual orientation urged the U.S. Supreme Court on Friday to decline review of an Eleventh Circuit ruling ending the man's suit and instead let the country's appeals courts work through a fresh divide over whether federal law bars discrimination against gay workers.
A former college basketball player suing the NCAA for killing his career with its “year in residence” rule after he was allegedly forced off Northwestern University’s team has dropped his suit, a move that comes roughly a month after the Seventh Circuit upheld that rule in another case.
A Texas federal judge ruled Monday that the Texas Commission on Environmental Quality must face a suit accusing one of its department directors of age and race discrimination, writing that a former hydrologist presented enough questions of fact for the case to survive summary judgment.
The Eighth Circuit on Monday revived BNSF Railway Co.'s breach-of-contract suit alleging Seats Inc. should be on the hook for payments to an engineer who suffered career-ending injuries from the manufacturer's allegedly defective locomotive seats, saying the railroad giant's claims are not preempted by federal law.
A California federal judge on Friday rebuffed Tata Consultancy Services Ltd.’s attempt to chop away at a class action accusing the information technology company of discriminating against non-South Asian employees, calling it "a Hail Mary effort at limiting the scope of relief" months before trial.
An Illinois appeals court has reinstated an injury suit claiming two companies share responsibility for a construction worker's lung cancer after entering into conspiracies to conceal the dangers of asbestos, saying Friday that a lower court was wrong to end the suit while facts were in dispute.
A Texas school district has asked a Texas federal court to dismiss a suit from a teacher alleging she was discriminated against for being a lesbian, saying her allegations lacked a factual basis and sexual orientation is not a protected class.
A Pennsylvania federal judge turned down an oil and gas contractor's bid for do-overs on a pair of trials that awarded two groups of workers $1 million in back pay for overtime in addition to the sizable per-job bonuses the company already gave them.
Woodbridge Winery violated federal labor law when it barred an employee from wearing a safety vest adorned with the slogan “Cellar Lives Matter,” since it was connected to union activity and wasn't offensive, a National Labor Relations Board judge ruled.
The Eleventh Circuit on Friday threw out a sanction for a Miami Beach lawyer and his client stemming from a trucking company overtime pay case, saying a decision last fall about conflicting positions taken by a litigant in separate judicial proceedings called for a reversal.
The U.S. Department of Justice and the U.S. Securities and Exchange Commission have stood by an expansive theory of anti-bribery liability under the Foreign Corrupt Practices Act for corrupt hiring schemes. After the recent Credit Suisse resolutions, the theory appears to be here to stay, says Bruce Searby, a partner at Searby LLP and a former federal prosecutor.
An Oregon federal court's recent decision in Walker v. Fred Meyer highlights several key lessons associated with Fair Credit Reporting Act class actions, particularly related to the disclosures employers must provide to prospective employees, say attorneys with Troutman Sanders LLP.
While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.
A California appellate court's decision in Benaroya v. Bruce Willis is one of several recent decisions teaching that if you want the ability to arbitrate against the key individuals in your counterparty, those individuals should be signatories to the arbitration clause in the underlying deal documents, say Michael Cypers and Michael Gerst of Glaser Weil Fink Howard Avchen & Shapiro LLP.
Buried in the middle of U.S. Citizenship and Immigration Services' recent 11-page memorandum is a single sentence that would put a whole new population of people in removal proceedings as the result of the denial of certain extension requests, say David Serwer and Matthew Gorman of Baker & McKenzie LLP.
A few weeks ago, Georgia became the 16th state to ban the use of a handheld cellphone while driving. These laws bring considerations for employers, who can be held liable for accidents caused by employees acting within the scope of their employment when the accident occurred, say Alison Loy and Marilyn Fish of Bryan Cave Leighton Paisner LLP.
Less than three weeks after the U.S. Supreme Court decided Lucia v. Securities and Exchange Commission, President Donald Trump signed an executive order applying the court’s rationale in Lucia to the hiring — and firing — of all administrative law judges in the federal government, making them entirely beholden to the heads of their agencies or the president for their jobs, says Brian Casey of Barnes & Thornburg LLP.
Thanks to new legislation recently signed into law by Colorado Gov. John Hickenlooper, organizations that employ workers in the state will soon face more stringent data privacy requirements. Dustin Berger of Holland & Hart LLP reviews key elements of the new requirements and steps employers should take to comply.
Among the many questions companies face following last year's tax reform is whether to continue seeking periodic shareholder approval for the performance criteria under executive compensation plans, despite elimination of the incentive of a corporate tax deduction. But even if it no longer results in a deduction, there may be other reasons why companies might opt to continue seeking shareholder approval, say William Woolston and Megan Woodford of Covington & Burling LLP.
Employment benefit plans rely on a variety of service providers to administer benefits, making them vulnerable to cyberattacks. Plan sponsors should ensure that their employee benefit plans have as many levels of protection as possible, including fiduciary liability insurance, fidelity bonds and cyber liability insurance, says Laura Fischer of Spencer Fane LLP.