U.S. District Judge Denise L. Cote's allegation of prejudice against a jury that had just departed her courtroom after holding JPMorgan Chase & Co. liable for firing former wealth manager Jennifer Sharkey was called inappropriate, gratuitous and a “nightmare” by court watchers on Wednesday.
Seven members of the national class dissolved by the U.S. Supreme Court’s 2011 Wal-Mart v. Dukes decision have filed a new suit in Florida federal court alleging three Walmart and Sam’s Club regions in the southeastern U.S. deny women the advancement opportunities and pay they give men.
A Texas appellate court on Tuesday rejected argument from Baylor University Medical Center Inc. that a former medical resident’s allegation he was mistreated during his time at the hospital should be handled as a health care liability claim and dismissed.
A Tennessee federal judge on Wednesday found that Philadelphia Indemnity Insurance does not owe FedEx Freight a defense in a $40 million suit from a security guard hit by a truck in a FedEx facility, saying the policy only covered the guard’s third-party employer.
A Massachusetts federal judge on Tuesday allowed the U.S. Department of Justice to intervene in a Securities and Exchange Commission insider trading suit against a doctor who is married to an ARIAD Pharmaceuticals Inc. employee, pausing the suit until the DOJ concludes its own criminal case.
College athletes on Tuesday urged a California federal court to reject the NCAA’s bid for a quick win in multidistrict litigation against it and nearly a dozen athletic conferences over allegedly anti-competitive caps on scholarships, hitting back at the association’s reading of the Ninth Circuit’s September 2015 O’Bannon decision.
A group of Jimmy John's assistant managers asked the Seventh Circuit on Wednesday to lift an injunction barring them from suing the owners of the franchises where they work over allegedly unpaid wages while a collective action against the company over similar claims goes forward.
The U.S. Senate confirmed management-side labor lawyer Peter Robb on Wednesday as general counsel of the National Labor Relations Board, setting the stage for the NLRB to overturn key pieces of the Obama board's legacy.
Consolidated Edison Co. of New York agreed to pay $800,000 and change some of its practices to settle a disability discrimination suit with the U.S. Equal Employment Opportunity Commission over allegations the company engaged in improper hiring practices, a consent decree filed Tuesday said.
A New Jersey state judge on administrative leave amid a misconduct probe lost his bid Tuesday to compel the state judiciary to tell him what he needs to do to retain his eligibility as a judge, with a federal court ruling that he has not shown that he would suffer irreparable harm if the request isn’t granted.
The U.S. Supreme Court on Wednesday ruled that a procedural rule setting a 30-day limit on extensions for filing appeal notices doesn’t deprive circuits of jurisdiction when litigants miss the extended deadline, reviving an age and gender bias appeal that the Seventh Circuit had eschewed because it was filed after that limit.
California’s district attorneys can use violations of the federal Occupational Safety and Health Act as a basis for leveling civil fines under the state’s unfair competition and false advertising laws, a state prosecutor told the California high court on Tuesday, arguing that OSHA doesn’t preempt the state laws.
Chicagoland grocery chain Jewel-Osco won its bid Tuesday to trim a federal lawsuit brought by seven former management employees who claimed they were mistreated because of their age and disabilities.
A Tenth Circuit panel refused to revive a former unionized meat cutter’s age-based harassment allegations against his former employer and direct supervisor, instead concluding Tuesday that federal law requires the employee to dispute claims under the terms of his collective bargaining agreement, which requires arbitration.
A California federal judge said Tuesday she’ll likely grant an ex-Oracle worker’s request to let an arbitrator decide which of two employment contracts — one that allows for classwide arbitration or one that doesn’t — govern her claims over sales commission pay.
Six victims of human trafficking once enslaved on cocoa farms told the Ninth Circuit on Monday that Nestlé and Cargill have aided and abetted slavery in the Ivory Coast by providing slave-owners money and lobbying against legislation that could have exposed those involved.
A Texas appellate court on Tuesday heard argument from Basic Energy Services LP that a trial judge wrongly determined it had to defend and indemnify Exco Resources Inc. and several other energy companies for litigation costs tied to the death of a worker.
Ride-hailing giant Lyft Inc. and employment social network Jobcase have been accused of sending unsolicited spam texts to prospective drivers, in a proposed nationwide class action filed Tuesday in Florida federal court.
The Third Circuit on Monday affirmed the dismissal of a former Pennsylvania State University pharmacology professor’s claim that she was paid less than her male counterparts because the school’s policies discriminate against women, ruling that she switched her liability theory too late in the case.
Justices on Massachusetts’ high court on Tuesday weighed whether the Massachusetts Institute of Technology should be the first post-secondary school to be held liable by a court for failing to prevent a student’s suicide.
In the final part of this article, Marjorie McMahon Obod of Dilworth Paxson LLP addresses Federal Rule of Civil Procedure 30(b)(6) deposition tactics, such as preparing a designee, defending the deposition, and reviewing and finalizing the deposition transcript.
In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.
Federal Rule of Civil Procedure 30(b)(6) allows an employee to depose an employer that is a corporation, governmental agency or other organization. Marjorie McMahon Obod of Dilworth Paxson LLP examines the use of depositions under this rule when an employee has sued an employer for a violation of employment law.
I argued my first case before the U.S. Supreme Court in 2013. It was my birthday. And I must say, the experience set the bar pretty high for future birthdays, says Catherine Carroll of WilmerHale.
Over the last few months, there have been a significant number of court decisions ruling against plaintiffs in single-stock fund cases under the Employee Retirement Income Security Act. However, these plan fiduciary “victories” are somewhat Pyrrhic and underscore that an alleged lack of fiduciary process can create ongoing risks and costs, say Julie Stapel and Elizabeth Goldberg of Morgan Lewis & Bockius LLP.
Many employers are seeing an increase in requests for religious accommodations. Several recent court decisions and statistics from the U.S. Equal Employment Opportunity Commission provide insight into the rise in claims related to these requests, and the importance of employers understanding their obligations to accommodate, say Barbara Hoey and Alyssa Smilowitz of Kelley Drye & Warren LLP.
Financial Crisis Anniversary
After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.
Attorneys understand the importance of fiduciary duty when providing legal counsel to their clients. But the U.S. Department of Labor's new rule on conflicts of interest makes it important to act as a fiduciary in other situations as well, such as when serving as a trustee or as the executor of an estate, says Stuart Riemer of Treasury Partners.
Hamer v. Neighborhood Housing Services of Chicago questions whether the time limit on a district court’s authority to extend the deadline for filing a notice of appeal is jurisdictional. Based on the questions at argument before the U.S. Supreme Court last week, the court appears likely to adhere to the principle articulated in some of its recent cases, says Eric Miller of Perkins Coie LLP.
Last week California Gov. Jerry Brown signed Senate Bill 63 into law to provide up to 12 weeks of job-protected parental leave for employers with 20 or more employees. Signing of the bill follows previous unsuccessful efforts to extend job-protected leave to smaller employers not covered by the federal Family and Medical Leave Act or the California Family Rights Act, says Benjamin Ebbink of Fisher Phillips.