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Employment
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May 07, 2025
BNSF Fired Conductor For Seeking Injury Payment, Suit Says
BNSF Railway Co. has been hit with an employment retaliation suit in Washington federal court by a former conductor who claims he was wrongfully fired based on an unsubstantiated rule violation after he sought compensation for a brake rigging accident that severely injured his hand.
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May 07, 2025
Illinois Seeks Exit From Suit Over Demographic Data Law
Illinois asked a federal judge to toss a lawsuit brought by a group called the American Alliance for Equal Rights that seeks to block the state from enforcing a law requiring nonprofits to publicize their demographic data, saying the organization has no standing to bring the claims.
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May 07, 2025
Texas Bill May Limit Full Redress For Personal Injury Victims
A Texas bill aimed at reining in allegedly excessive jury awards granted to personal injury victims would be a boon for insurance companies, but it may threaten victims' ability to get full compensation for the consequences of another party's negligence.
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May 07, 2025
Southwest Says Union Deal Makes Sick Leave Suit Irrelevant
Southwest Airlines said Tuesday that a suit challenging its sick leave settlement with Colorado is moot because a recent collective bargaining agreement between the airline and its workers in the state already applies a 2020 law.
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May 07, 2025
NY Legal Aid Union Accused Of Antisemitism At NLRB, EEOC
A United Auto Workers affiliate representing attorneys at a New York legal services organization violated federal laws when the union thwarted antisemitism measures in the workplace, a nonprofit alleged Wednesday in announcing charges it filed at the National Labor Relations Board and U.S. Equal Employment Opportunity Commission.
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May 07, 2025
9th Circ. Axes Fired University Worker's 1st Amendment Fight
The Ninth Circuit on Wednesday refused to revive a lawsuit claiming two former University of Arizona officials fired a health sciences employee because of his husband's criticisms of a hiring process, saying the administrators are immune from the worker's free speech claim.
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May 07, 2025
Similar Federal Suit Found To Bar A&M Texarkana Bias Case
A state appeals court has said Texas A&M University-Texarkana could escape an employment discrimination lawsuit brought by a former employee, ruling that his claims are barred by a nearly identical suit he previously filed in federal court.
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May 07, 2025
Politics, Tech Issues Top Concerns At Chicago Risk Event
Insurance and risk professionals around the country gathered in Chicago to discuss potential perils and opportunities for the future, with talks often centering on President Donald Trump's administration, technological developments and statutory reform of the legal system.
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May 07, 2025
NC Panel Backs OT Pay For Foresters Who Fought Wildfire
A North Carolina appeals court largely backed a lower court's wage ruling Wednesday in a 17-year legal battle the Tar Heel State has fought with a group of state foresters about overtime pay they said they were not paid for fighting a 2008 fire.
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May 07, 2025
Deutsche Bank, Computacenter Sued For Firing Whistleblower
An ex-information technology employee at Computacenter has sued the company, Deutsche Bank and his ex-supervisor for $25 million in New York state court alleging he was fired for blowing the whistle on a security breach in which his colleague's girlfriend purportedly accessed private client information.
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May 07, 2025
2nd Circ. Backs NYC Win In IT Worker's Bias, Retaliation Suit
A former New York City telecommunications employee cannot revive her lawsuit alleging she was pushed out after managers scheduled meetings during her lunch because she reported a supervisor's inappropriate touching, the Second Circuit ruled Wednesday, saying there's no evidence the managers knew her migraines necessitated a specific lunch break.
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May 07, 2025
6th Circ. Seems Hesitant To Revive UMich Law Prof's Bias Suit
The Sixth Circuit appeared skeptical Wednesday about reopening a Black University of Michigan Law School professor's suit alleging she was unlawfully disciplined after she complained about race discrimination, with the panel questioning if she adequately refuted the school's nondiscriminatory reasons for its action.
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May 07, 2025
LA Firm Sues Fisher Phillips Over 'Ridiculous' SLAPP Suit
A Los Angeles employment lawyer has sued Fisher Phillips for malicious prosecution, alleging the international labor firm targeted him with a "frivolous Rube Goldberg-esque legal argument" in an attempt to block him from representing workers at a Southern California diner chain in claims against their employer.
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May 07, 2025
Fla. Law Firm Says Paralegal Stole Its Trade Secrets
A law firm in Miami is suing a former paralegal in Florida state court, saying she misappropriated trade secrets and stole thousands of attorney-client records following a negative performance review.
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May 07, 2025
Ex-Equity Partner In Firm Gets Redo Of Workers' Comp Award
The North Carolina Court of Appeals on Wednesday ordered the state's Industrial Commission to recalculate the amount of workers' compensation owed to a former Cranfill Sumner LLP partner, finding his equity stake in the law firm is a contractual benefit that doesn't offset the amount he's owed.
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May 07, 2025
Facility Support Co. Settles Fired Worker's Race Bias Suit
A maintenance and facility support company has agreed to settle a Black former worker's suit claiming she was pushed out of her supervisory role to make space for a white employee, according to a Wednesday filing in Georgia federal court.
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May 07, 2025
Edward Jones' Arbitration Delay Lets Worker Return To Court
Edward Jones' delay in paying the required fees to arbitrate a former employee's wage and hour claims allows the worker to take her claims back to court, a California appeals court ruled.
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May 07, 2025
Bimbo Bakeries Accused Of Misclassifying Drivers
A pair of New England drivers who deliver Sara Lee and other branded baked goods said Tuesday in a proposed class action that Bimbo Bakeries violates Massachusetts law by treating them as independent contractors rather than employees.
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May 07, 2025
Payroll Company Hit With Class Action Over Data Breach
A payroll company failed to safeguard personal data and allowed Social Security numbers to be stolen in a hack last year, according to a proposed class action filed in Massachusetts federal court.
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May 07, 2025
Trump Taps Assistant US Atty To Join EEOC
President Donald Trump has nominated an assistant U.S. attorney in Florida to fill one of the three open seats on the U.S. Equal Employment Opportunity Commission.
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May 06, 2025
Potential For DEI-Related Suits Vexes Employers, Report Says
Businesses are increasingly worried about facing litigation centering on their diversity, equity and inclusion initiatives amid the Trump administration's vocal opposition to DEI, but employers aren't in a rush to overhaul workplace diversity programs, according to a new report issued by Littler Mendelson PC.
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May 06, 2025
CO2 Conversion Co. Sues Wash. Neighbor Over Toxic Fumes
A carbon conversion technology firm has launched a lawsuit in Washington federal court over noxious gases that have allegedly drifted onto its state project site from a neighboring chemical storage facility, making conditions "unbearable" for workers building a new sustainable aviation fuel plant.
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May 06, 2025
OneTaste Execs Used Sexual Meditation For Abuse, Jury Told
A prosecutor on Tuesday told a New York federal jury that OneTaste Inc. founder Nicole Daedone and her top deputy used the company's "orgasmic meditation" practice to manipulate vulnerable women for the leaders' own financial gain, including through coerced sex work, while defense lawyers argued that patrons of the sexual wellness startup were consenting adults who could have left at any time.
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May 06, 2025
NFLPA Says Ex-Player Has Wrong Target In Rehab Abuse Suit
A former pro football player who claimed that he was incorrectly sent to a Texas drug treatment center that later abused and physically blocked him from leaving, should not blame the NFL Players Association for his being there, the union told a Texas federal court.
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May 06, 2025
11th Circ. Refuses Celebrity Cruise Crew's Captivity Claim
The Eleventh Circuit on Tuesday refused to revive putative class action claims that alleged Celebrity Cruises forced Filipino crew members to stay on board without pay after the cruise industry temporarily shut down due to COVID-19, saying Celebrity's conduct, though not ideal, wasn't so "outrageous" that it caused severe emotional distress.
Expert Analysis
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Green Card Sponsorship Expectations Reset In 2024
In 2024, adjudication times for employment-based green card applications increased to about 13 months, prompting more employers to implement varied strategies to avoid losing talent and minimize business disruptions, a trend that is likely to continue in the new year, says Jennifer Cory at FisherBroyles.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Ring In The New Year With An Updated Employee Handbook
One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.
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9 Things To Expect From Trump's Surprising DOL Pick
The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Wage Whiplash: Surviving A Compliance Roller Coaster
As the transition to the Trump administration causes mounting uncertainty about federal wage and hour policies, employers can transform compliance challenges into opportunities for resilience and growth by taking key steps to comply with stricter state and local requirements, says Lee Jacobs at Barclay Damon.
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How Attorneys Can Master The Art Of Eye Contact At Trial
As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Tips For Employers Facing Looming Immigration Changes
As Trump's second term heralds a challenging period for immigration policy, employers should look to lessons from his first administration as they implement strategies for their global talent programs and communications protocols, says Eileen Lohmann at BAL.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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5 Employer Defenses To Military Status Discrimination Claims
A Colorado federal court's recent ruling, finding a Navy reservist wasn't denied promotion at his civilian job due to antimilitary bias, highlights several defenses employers can use to counter claims of violations of the Uniformed Services Employment and Reemployment Rights Act, say attorneys at Littler Mendelson.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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What May Have Led Calif. Voters To Reject Min. Wage Hike
County-specific election results for California’s ballot measure that would have raised the state’s minimum wage to $18 show that last year's introduction of a $20 minimum wage for fast-food workers may have influenced voters’ narrow rejection of the measure, says Stephen Bronars at Edgeworth Economics.
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Teaching Your Witness To Beat The Freeze/Appease Response
In addition to fight-or-flight, witnesses may experience the freeze/appease response at trial or deposition — where they become a deer in headlights, agreeing with opposing counsel’s questions and damaging their credibility in the process — but certain strategies can help, says Bill Kanasky at Courtroom Sciences.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.