Employment

  • November 8, 2017

    Judge's Slap At JPMorgan Jury Doesn't Sit Well With Experts

    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.

  • November 8, 2017

    Dukes Class Members Hit Walmart With New Pay Bias Suit

    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.

  • November 8, 2017

    Baylor Can't Ditch Ex-Medical Resident's Termination Suit

    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.

  • November 8, 2017

    Insurer Doesn't Owe For $40M FedEx Injury Suit, Judge Says

    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.

  • November 8, 2017

    DOJ Wins Bid To Halt Insider Trading Suit Against Doc

    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.

  • November 8, 2017

    Players Say NCAA Has O'Bannon Wrong In Scholarship Fight

    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.

  • November 8, 2017

    Jimmy John's Managers Want Freedom To Sue Franchisees

    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.

  • November 8, 2017

    Trump's NLRB General Counsel Pick Gets Senate Approval

    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.

  • November 8, 2017

    Con Ed Settles EEOC Disability Discrimination Suit

    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.

  • November 8, 2017

    NJ Judge Loses Eligibility Notice Bid Amid Misconduct Probe

    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.

  • November 8, 2017

    High Court OKs Exceptions To Appeals Filing Deadline

    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.

  • November 7, 2017

    Calif. High Court Asked To Square State Laws With OSHA

    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.

  • November 7, 2017

    Jewel-Osco Pares Ex-Managers' Discrimination Suit

    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.

  • November 7, 2017

    10th Circ. Won’t Revive Meat Cutter’s Harassment Claims

    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.

  • November 7, 2017

    Oracle Class Wage Question Likely Headed To Arbitrator

    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.

  • November 7, 2017

    Nestlé, Cargill Funded Child Slavery, 9th Circ. Told

    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.

  • November 7, 2017

    Basic Wants Exco On Hook For Employee Death Litigation

    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.

  • November 7, 2017

    Lyft, Jobcase Hit With TCPA Suit Over Spam Text Claims

    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.

  • November 7, 2017

    3rd Circ. Nixes Penn State Professor's Equal Pay Suit

    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.

  • November 7, 2017

    Mass. High Court Mulls MIT Liability In Student Suicide

    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.

Expert Analysis

  • Rule 30(b)(6) Deposition Strategies For Employers: Part 2

    Excerpt from Lexis Practice Advisor
    Marjorie McMahon Obod

    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.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    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.

  • Rule 30(b)(6) Deposition Strategies For Employers: Part 1

    Excerpt from Lexis Practice Advisor
    Marjorie McMahon Obod

    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.

  • Series

    My Supreme Court Debut: A Birthday I’ll Never Forget

    Catherine Carroll

    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.

  • Despite Recent Victories, Risks Remain For Plan Fiduciaries

    Julie Stapel

    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.

  • The Rise Of Employee Religious Discrimination Claims

    Barbara Hoey

    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

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    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.

  • Acting As Fiduciary Is Always In An Atty's Best Interest

    Stuart Riemer

    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.

  • Questioning Appellate Time Limits At The High Court

    Eric Miller

    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.

  • What To Know About New Calif. Job-Protected Parental Leave

    Benjamin Ebbink

    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.