House Republicans on Tuesday unveiled their financial plan for the government next fiscal year, paving the way for tax reform tied to spending cuts in regulations, employee benefits and welfare benefits.
A Fourth Circuit panel on Monday ruled that Wells Fargo Bank NA did not need court approval to foreclose on and sell the Virginia home of an active-duty U.S. Army sergeant, finding the Servicemembers Civil Relief Act does not protect his mortgage because it originated when he was active in the Navy.
A New Jersey community college has been slapped with a whistleblower suit by its purchasing director, who claims she’s being subjected to a hostile work environment because she accused the school of skirting invoicing and contracting rules.
Flight Options LLC and Flexjet LLC must accept a pilot seniority list that was created by the Teamsters after the two companies merged or, if not, have the matter heard in a grievance arbitration, the Sixth Circuit ruled Monday, saying the issue is not one that should be subjected to collective bargaining.
Massachusetts’ highest court ruled Monday that employees can sue for disability discrimination if they are fired or otherwise punished for using medical marijuana, reviving the case of an advertising employee who was fired after failing a mandatory drug test.
A Nabors Industries Inc. unit has asked the Texas Supreme Court to review a wrongful death case brought by the estate of one of its truck operators, arguing the company was hit with an unduly harsh sanction after mistakenly failing to turn over all the names of its hazardous materials drivers.
The Seventh Circuit affirmed a district court decision Monday denying a bid by a pet food company to compel an employee to arbitrate a sexual harassment and retaliation suit, saying it cannot enforce an arbitration agreement she signed with the staffing agency that placed her with the company.
The Eleventh Circuit on Monday ruled a group of federal employees who lost $30 million in a Ponzi scheme can’t sue the government for hiring the schemer who gave them advice, finding sovereign immunity applies because the workers’ claims were based on misrepresentations.
A U.S. Department of Labor administrative law judge on Friday narrowed a government request for Google Inc. records in an audit examining whether the company complied with anti-discrimination rules for federal contractors, blocking requests for salary history and some employee contact data.
An otherwise reliable employee's behavior taking a turn for the erratic can disrupt the workplace and pose challenges for managers, particularly if it seems that the change may be tied to mental health problems. Here, experts tell Law360 how employers can calm the situation and keep their businesses running without ending up in legal hot water.
A federal magistrate judge in California refused to certify a class of First Student Inc. bus drivers Friday in a lawsuit that alleges the company failed to regularly pay wages or to meet the minimum wage, finding the workers didn't identify policies that applied uniformly to the class.
A prospective Procter & Gamble Co. intern filed a class action in Florida federal court Monday, claiming the company discriminated against his DACA immigration status when he was not selected for its internship program.
The UFC urged a Nevada federal court Friday to reject a bid by mixed martial arts fighters to force the production of purportedly privileged documents in an antitrust suit against the organization, arguing it has already reviewed thousands of documents at the fighters’ request.
A proposed class of former employees over the age of 40 are suing draft beer equipment company Micro Matic USA Inc. for alleged age discrimination, saying they were terminated because of their age, according to documents filed in Florida federal court on Friday.
A physical therapist at a nursing home therapy provider asked a federal jury Monday in Boston to award her damages for allegedly being fired for blowing the whistle on fraudulent billing practices.
The U.S. Department of Veterans Affairs has removed the director and chief of staff at a New Hampshire veterans’ hospital after media reports detailed widespread dysfunction and unsafe conditions at the facility, VA Secretary David J. Shulkin said Monday.
A federal judge ruled Friday that Blue Cross Blue Shield of Michigan owes the Saginaw Chippewa Indian Tribe of Michigan roughly $8.4 million for charging hidden fees while managing the tribe’s employee health care benefits plan, but declined to hand the tribe a win on identical claims related to another plan.
Former DLA Piper intellectual property litigator Jeremy Elman has joined the Palo Alto, California, office of Dorsey & Whitney LLP as a partner, bringing with him 15 years of experience representing some of the world’s top tech companies, brands and startups.
The Second Circuit on Friday rejected an appeal by a former elementary school principal in the Archdiocese of New York to revive her wrongful termination suit, saying she performed enough important religious functions that she qualified as a minister and was therefore barred from bringing discrimination claims against her religiously affiliated employer.
Barnes & Thornburg LLP partner David Pryzbylski recently helped a New York company escape a potentially seven-figure collective action with hardly a scratch and got an arbitrator to side with his client in a union spat over contract language, securing him a spot as one of five labor and employment attorneys under age 40 honored by Law360 as Rising Stars.
The recent Lincare opinion gives notice that, at least in the Eleventh Circuit, regulation ambiguity alone will not provide an impenetrable shield against False Claims Act liability for contractors, say Michael Prendergast and Jerome Hoffman of Holland & Knight LLP.
In DuPont, the Ninth Circuit recently affirmed the first federal jury conviction for charges arising under the Economic Espionage Act and potentially catalyzed more aggressive economic espionage and trade secret enforcement, say Joseph Fazioli and James Bobseine of Dechert LLP.
The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.
What protections are available under the Dodd-Frank Act’s whistleblower law if an employee reports securities fraud within the company? Courts have pointed to two separate definitions of “whistleblower” under the law to justify their differing positions. However, a more careful review of its history should resolve this prolonged dispute, says Stephen Kohn of Kohn Kohn and Colapinto LLP.
Under local legislation set to be become effective in November, retail and fast food establishments in New York City may soon face costly and confusing pay and scheduling requirements. However, several factors could impact ultimate implementation of the laws, say Aaron Warshaw and Nicole Welch of Ogletree Deakins Nash Smoak & Stewart PC.
If Medicare and Medicaid managed care is a garden, then false claims are the weeds. Accordingly, the government is ratcheting up its enforcement efforts in the managed care arena (the garden) using the False Claims Act (the weed killer). One particularly illustrative example is the recent settlement agreement reached in Miller v. CareCore National, say Sarah Coyne and Jon Kammerzelt of Quarles & Brady LLP.
One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.
Courts and companies continue to face challenges in determining whether a party can access patent prosecution communications in disputes between two joint owners, disputes between an employer-owner and an employee-inventor, and disputes with respect to a patent agent, say attorneys with Gibson Dunn & Crutcher LLP.
A trio of rulings from the U.S. Supreme Court has made this a difficult spring for forum-shopping lawyers. TC Heartland, BNSF Railway and now Bristol-Myers Squibb have enforced limits on exercise of personal jurisdiction over corporate defendants, sending an unmistakable message to lower courts, says Lawrence Ebner of Capital Appellate Advocacy PLLC.
In a recent Law360 guest article, Jordan Lorence of Alliance for Defending Freedom argues that the Seventh Circuit misapplied Title IX in its recent decision in Whitaker v. Kenosha Unified School District. But to reach his conclusion, he mischaracterizes the facts and reasoning of the case as well as the law on which it relies, say Raymond Wendell and Ginger Grimes of Goldstein Borgen Dardarian & Ho.