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Employment

  • January 9, 2019

    Ailes' Alleged Victim Seeks $750M For Showtime's Portrayal

    A former Fox News bigwig is suing Showtime for its portrayal of her in an upcoming drama about the late CEO Roger Ailes, saying in her $750 million suit in California state court Tuesday that despite having been his victim, the show will depict her as an Ailes collaborator.

  • January 9, 2019

    Metra Workers Can't Refile Deficient Race Bias Suit: 7th Circ.

    Several current and former employees of Chicago’s commuter rail, Metra, can’t refile their racial discrimination suit against the company after failing to fix deficiencies in multiple amended complaints, the Seventh Circuit said Wednesday.

  • January 9, 2019

    NFL, Players Union Defend Drug Testing Of Panthers' Reid

    The National Football League and its players union released a joint statement Wednesday defending the league's policy on performance-enhancing drugs, saying there was no impropriety in the testing of the Carolina Panthers' Eric Reid, who had claimed the league and its teams colluded against him in response to his kneeling in protest during the national anthem.

  • January 9, 2019

    Biometric Suit Not Covered In Grocer's Policy, Insurer Says

    Ohio-based Westfield Insurance Co. on Tuesday asked an Illinois state judge to declare that it has no duty to defend a state grocery chain in an underlying biometric privacy suit, saying the store's employee is alleging an injury not covered in its policy.

  • January 9, 2019

    Fisher Phillips Scoops Up 6-Atty Employment Law Boutique

    Fisher Phillips LLP has beefed up its presence in the Washington, D.C., region by scooping up a six-attorney firm specializing in employment defense work, a move that will add three new partners.

  • January 8, 2019

    4th Circ. Won't Revive $350M FCA Suit Against Pa. Lender

    The Fourth Circuit on Tuesday refused to revive a $350 million suit alleging the Pennsylvania Higher Education Assistance Agency's billing practices violated the False Claims Act, rejecting claims that trial errors undercut a Virginia federal jury's December 2017 decision clearing the student loan provider.

  • January 8, 2019

    3 Atty Lien Disputes In NFL Concussion Case Resolved

    The Pennsylvania federal court overseeing the landmark NFL concussion settlement provided the first in-depth look at how it's handling dozens of contentious attorney lien disputes on Monday, in a lengthy ruling that laid down general guidelines while resolving three separate disputes.

  • January 8, 2019

    Late Filing Sinks NJ Comcast Worker's Age Bias Suit

    A New Jersey appeals court has ruled that courts don't have jurisdiction over reconsideration motions filed more than 20 days after the parties are served with the order being challenged, issuing a published decision Tuesday sending a former Comcast Corp. employee's age bias suit back to arbitration.

  • January 8, 2019

    'Duck Dynasty' Creators' Suit Against ITV Studios Trimmed

    A California appeals court took a machete Monday to the "Duck Dynasty" creators' complaint against the British production company that bought up most of their operation for $40 million and then balked at working with them, tossing numerous paragraphs pursuant to an anti-Strategic Lawsuit Against Public Participation motion the appeals court said was wrongly denied.

  • January 8, 2019

    Ex-Sports Club Manager Must Arbitrate Racial Bias Claims

    Fitness club chain operator Town Sports International Holdings Inc. has won its bid to force arbitration of a former manager’s racial discrimination claims after a New Jersey state appeals court on Tuesday found that the worker had accepted the company’s dispute resolution program as a term of her employment.

  • January 8, 2019

    Airline Workers Slap Union With Suit Over Agency Fees

    Three United Airlines customer service representatives on Tuesday teed up a legal challenge to unions requiring "agency fees" from railway and airline workers who aren’t union members, citing the U.S. Supreme Court’s controversial Janus ruling in their federal suit.

  • January 8, 2019

    Fla. Strip Club Seeks Sanctions For 'Cookie-Cutter' FLSA Suit

    A Florida strip club asked a federal court Tuesday to sanction an exotic dancer and her lawyers for pursuing what it called a “cookie-cutter” Fair Labor Standards Act lawsuit that it says is nearly identical to wage suits filed against other clubs and lacks key details.

  • January 8, 2019

    Hospital Says Mass. Court Misapplied Anti-SLAPP Changes

    A Boston hospital told Massachusetts' highest court on Tuesday that a trial judge was wrong to deny its motion to dismiss a defamation suit brought by fired nurses, saying the lower court failed to properly apply the Supreme Judicial Court's new interpretation of the anti-Strategic Lawsuit Against Public Participation statute.

  • January 8, 2019

    Pa. Justices To Mull PennDOT Worker's Facebook Post Firing

    The Pennsylvania Supreme Court on Tuesday agreed to consider whether an employee with the state’s Department of Transportation could be fired over a profane Facebook rant in which she complained about local school bus drivers and stated that she would “gladly smash into a school bus.”

  • January 8, 2019

    Ex-Novartis Exec Fired Over Study Objections, NJ Jury Told

    Counsel for a former Novartis Pharmaceuticals Corp. executive told a New Jersey state jury Tuesday that she was fired in retaliation for objecting to a proposed drug study, but a company attorney said she was terminated over a series of policy violations that put the pharmaceutical giant at risk.

  • January 8, 2019

    21 AGs Join Pa., NJ In Fighting Trump's Birth Control Rules

    Attorneys general for 20 states and the District of Columbia have thrown their support behind Pennsylvania and New Jersey in urging a federal court to block proposed Trump administration rules allowing employers to opt out of covering contraception if they oppose its use on moral or religious grounds.

  • January 8, 2019

    Religious Orgs Back EEOC Bid For 8th Circ. Redo In Bias Suit

    An Eighth Circuit panel gutted religious bias protections by rejecting a suit alleging a Minnesota hospital illegally pulled a job offer because an applicant asked for her Sabbath off, the Seventh-day Adventists' governing group said Tuesday, backing the U.S. Equal Employment Opportunity Commission's bid for en banc rehearing.

  • January 8, 2019

    Duane Morris Offers Hours Reduction Around Parental Leave

    Duane Morris LLP attorneys in the U.S. will be able to reduce their billable hour expectations without a pay reduction in the period before and after taking parental leave as part of a new ramp down/ramp up policy, the firm announced Tuesday.

  • January 8, 2019

    GSK, Laid-Off Workers Fight Over Denial Of Severance

    GlaxoSmithKline and a group of laid-off employees each urged a North Carolina federal judge to deny the other a quick win in a benefits dispute, with the company saying the workers didn't show they were unreasonably denied severance and the workers arguing that the company had a conflict of interest.

  • January 8, 2019

    Pa. Bus Driver Can Get Unemployment After Knife Incident

    A former Cambria County bus driver didn't violate her employer's rules against weapons in the workplace when she handled a knife in an employee lounge while talking to a human resources employee, a Pennsylvania appeals court ruled Tuesday.

Expert Analysis

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Employee Arbitration Agreements In NJ Face New Hurdles

    Benjamin Teris

    New Jersey state courts have been less favorable to employers than federal courts when it comes to enforcing arbitration agreements. The latest example is the Appellate Division’s precedential decision in Flanzman v. Jenny Craig, says Benjamin Teris of Post & Schell PC.

  • Reading Tea Leaves: The Oral Argument In Dawson V. Steager

    Edward Zelinsky

    Comments during oral argument in Dawson v. Steager suggest the U.S. Supreme Court will strike as discriminatory a West Virginia statute that taxes pensions of federal retirees. The question is how broadly the justices will apply the doctrine of intergovernmental tax immunity, says Cardozo School of Law professor Edward Zelinsky.

  • Texas Employers Take Notice: Proposed Bills For 2019

    Felix Digilov

    Many of the bills submitted at the end of the Texas Legislature's last session for consideration next year affect the workplace and carry the potential to significantly alter the landscape for employers and their employees, says Felix Digilov of Fisher Phillips.

  • Justices Hard To Read In Key Social Security Procedure Case

    Bill Nolan

    A case of great importance to advocates for Social Security claimants, Biestek v. Berryhill seems straightforward in one sense, but the range of questions at oral arguments before the U.S. Supreme Court suggest it may not be, says Bill Nolan of Barnes & Thornburg LLP.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • A Guide To Workplace Violence Prevention And Response

    Excerpt from Lexis Practice Advisor
    Elizabeth Harlan

    In this Lexis Practice Advisor excerpt, Elizabeth Harlan of Astrachan Gunst Thomas offers practical employer strategies for inhibiting and reacting to violence in the workplace.

  • Top 10 Whistleblowing And Retaliation Events Of 2018

    Steven Pearlman

    This year saw significant changes in the landscape of whistleblower and retaliation law, including a game-changing decision from the U.S. Supreme Court and the three largest bounty awards issued in the history of the U.S. Securities and Exchange Commission, say Steven Pearlman and Meika Freeman of Proskauer Rose LLP.

  • Why The High Court Will Hear Cochise Consultancy V. US

    Matthew Curley

    The U.S. Supreme Court recently agreed to hear Cochise Consultancy v. United States ex rel. Hunt, which deepened the circuit split over how the False Claims Act’s statute of limitations applies in certain qui tam actions. The decision should bring sorely needed clarity, say Matthew Curley and Scott Gallisdorfer of Bass Berry & Sims PLC.