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Employment
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July 14, 2025
Ex-City Workers' Disability Bias Suit Should Fail, Judge Says
An Atlanta suburb shouldn't have to face a suit alleging it fired two employees because of their stress and anxiety, a Georgia federal magistrate judge recommended, saying neither worker could overcome explanations that poor performance cost her the job.
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July 14, 2025
Calif. Native American Casino Seeks To Block Workers' Strike
A Native American casino near Yosemite National Park accused the union that represents about half of its employees of launching an illegal strike, claiming in a suit filed in California federal court that the UNITE HERE local is violating the law in several ways.
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July 14, 2025
Calif. Panel Upends Arbitration Pact In Worker's Firing Suit
A Charter Communications worker's wrongful termination suit should not have been sent to arbitration, a California appeals court said, after finding the company's alternative dispute resolution pact held one-sided provisions and made it difficult for employees to opt out.
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July 11, 2025
NCAA's $2.8B NIL Deal Nets Athletes' Firms Over $455M In Fees
A California federal judge Friday approved approximately $455 million in attorney fees for class counsel in the NCAA's $2.78 billion class action settlement that, for the first time, will provide for revenue sharing with college athletes, with additional fees set to roll in annually for 10 years.
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July 11, 2025
5th Circ. Cites Expert Errors In Rejecting BP Spill Sinus Claims
The Fifth Circuit has ended a cleanup worker's toxic tort lawsuit against BP Exploration & Production Inc. claiming he suffered sinus issues from cleaning up the 2010 Deepwater Horizon spill, saying his experts' testimony, some of which was riddled with errors, was properly ejected by the trial court.
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July 11, 2025
Employment Authority: Trump Begins Axing Wage Rules
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on which wage and hour rules the Trump administration plans to nix, what employers need to know about New York City's new prenatal leave regulations, and how the National Labor Relations Board's recent memos on secret workplace recordings may hint at forthcoming restrictions for workers.
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July 11, 2025
Ill. Judge Gives OK To $12.1M Speedway Privacy Settlement
An Illinois federal judge gave preliminary approval for a $12.1 million class action settlement in a biometric privacy law dispute between Speedway LLC and nearly 7,700 current and former gas station employees after ordering a lower redistribution trigger for initial payments that aren't cashed.
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July 11, 2025
Courts Face Early Push To Expand Justices' Injunction Ruling
In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts.
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July 11, 2025
3rd Circ. Nixes Rehire Of Welch's Worker In Harassment Fight
The Third Circuit on Friday vacated an order instructing Welch's to rehire a worker who was accused of using gender-based slurs toward a co-worker, saying an arbitrator needed to clarify whether she'd determined that sexual harassment occurred.
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July 11, 2025
State Dept. Defends Visa Revocations For Anti-Israel Protests
A senior U.S. Department of State official testified Friday that a series of high-profile visa and green card revocations were based on participation in campus protests or other acts that "fostered a hostile environment for Jewish students" and included expressions of support for terrorist organizations.
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July 11, 2025
Former NC Rep. Says State Law Covers Discrimination Suit
A former North Carolina lawmaker is fighting back against the state body of independent administrative law judges' effort to defeat his discrimination and retaliation case, saying state statute should cover his claims of being unfairly fired as its general counsel.
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July 11, 2025
Fired Red Cross Vax Refuser Seeks $6M As Jury Trial Wraps
An attorney for a nurse fired from the American Red Cross after being denied religious accommodation from the COVID-19 vaccine mandate asked a Detroit federal jury Friday for more than $6 million in damages for what he said was the organization's disregard of the woman's beliefs.
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July 11, 2025
Soros Fund Boss Says Radio CEO Can't Sue Him In Conn.
A Soros Fund Management LLC portfolio manager says a radio CEO cannot sue him in Connecticut because he's beyond the state's long-arm jurisdiction, seeking to shake the CEO's claim that he was boxed out of dividends and a potential job after allegedly helping the fund acquire broadcasting company Audacy Inc.
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July 11, 2025
PepsiCo Challenges $2.1M Tax Penalty In Ill. Supreme Court
Illinois' justices should overturn lower court decisions allowing $2.1 million in penalties on PepsiCo for categorizing Frito-Lay expatriates' compensation as foreign payroll, a categorization that excluded Frito-Lay's profits from PepsiCo's state income tax calculations, the food and beverage giant said in a petition.
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July 11, 2025
Clorox And Ex-HR Manager Agree To End Race Bias Suit
Clorox and one of its former human resources managers have agreed to settle the ex-worker's suit alleging she was forced out of her job for refusing to drop racial bias concerns related to the company's hiring practices, according to a joint stipulation filed in federal court.
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July 11, 2025
$16M Deal Gets OK In Wage Suit Against Wash. Hospitals
A $16 million deal ending three consolidated suits accusing Providence Health & Services and two related entities of not giving nearly 23,900 meal and rest breaks can proceed, a Washington state judge ruled, finding the deal fair.
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July 11, 2025
Mo. Halts Paid Sick Leave, Cost-Of-Living Wage Increases
Missouri Gov. Mike Kehoe has signed a bill repealing paid sick leave benefits and yearly cost-of-living wage increases that were approved by state voters in a ballot initiative.
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July 11, 2025
FTC Looks To Extend Pause Of Noncompete Rule Appeal
The Federal Trade Commission has asked the Fifth Circuit to keep an appeal over the commission's blocked noncompete rule on hold for another 60 days as the agency continues to mull whether it actually wants to defend the rule.
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July 11, 2025
US Seeks To Toss DOGE Taxpayer Data-Sharing Suit
Unions and advocacy organizations trying to block the White House's Department of Government Efficiency from sharing taxpayer data across agencies have not shown they've suffered the sort of injuries that would allow them to sue the federal government, the U.S. government told a D.C. federal court.
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July 11, 2025
8th Circ. Upholds Labor Peace Pacts In Minn. Cities
Contractors and an independent union lack standing to challenge requirements to comply with project labor agreements in three Minnesota cities, the Eighth Circuit ruled, finding only employees could raise the constitutional claims in the case.
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July 11, 2025
NJ Atty's Bias Suit Against McCarter & English Gets Trimmed
A New Jersey state judge has largely narrowed the scope of a former McCarter & English LLP attorney's anti-veteran discrimination and whistleblower retaliation lawsuit against the firm, but allowed certain claims under a federal veterans rights law to proceed.
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July 11, 2025
Ex-Judge Pushes Back Against NJ's Stance On Her Conduct
A former workers' compensation judge has pushed back in her suit over her removal after the state of New Jersey said her conduct around discovery raises safety concerns of individuals she has targeted, telling a state court it's New Jersey that has engaged in harassing conduct.
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July 11, 2025
Calif. Panel Says Arbitration Provider Immune From Fraud Suit
An arbitration provider is immune from a logistics company's suit accusing it of not properly vetting its arbitrators, including one who oversaw a wage and hour suit against the company, a California appeals panel ruled, affirming a lower court's decision to nix the case.
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July 11, 2025
11th Circ. Won't Reinstate Worker's ERISA Arbitration Award
A divided Eleventh Circuit panel refused to restore a former water treatment company director's arbitration award of about $129,000 on claims that he should've been offered severance when demoted to a consultant, saying an arbitrator erroneously decided a federal benefits law claim the worker never raised.
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July 11, 2025
11th Circ. Revives Black Worker's Promotion Bias Suit
The Eleventh Circuit revived a Black worker's suit alleging a Georgia county wouldn't promote her to a more senior tax appraisal position out of racial discrimination, ruling that a jury needs to determine whether she was held to higher standards of qualifications than her non-Black peers.
Expert Analysis
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What Employers Can Learn From 'Your Friends & Neighbors'
The new drama series "Your Friends and Neighbors," follows a hedge fund firm manager who is terminated after an alleged affair with an employee in another department, and his employment struggles can teach us a few lessons about workplace policies, for cause termination and nonsolicitation clauses, says Anita Levian at Levian Law.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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High Court Order On Board Firings Is Cold Comfort For Fed
The U.S. Supreme Court’s recent Trump v. Wilcox order, upholding the firings of two independent agency board members during appeal, raises concerns about the future of removal protections for Federal Reserve System members, and thus the broader politicization of U.S. monetary policy, say attorneys at Squire Patton.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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A Look At Employer Wins In Title VII Suits Over DEI Training
Despite increased attacks on diversity, equity and inclusion initiatives, courts across the country have favored employers in cases opposing diversity training, challenging the idea that all workplace inclusion efforts violate the law and highlighting the importance of employers precisely recognizing the legal guardrails, say attorneys at Perkins Coie.
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Opinion
Address Nationwide Injunction Issues With Random Venues
Many of the qualms about individual district court judges' authority to issue nationwide injunctions could be solved with a simple legislative solution: handling multiple complaints about the same agency action filed in different district courts by assigning a venue via random selection, says Harvey Reiter at Stinson.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
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Employer-Friendly Fla. Law Ushers In New Noncompete Era
Florida's CHOICE Act is set to take effect July 1, and employers are welcoming it with open arms as it would create one of the most favorable environments in the country for the enforcement of noncompete and garden leave agreements, but businesses should also consider the nonlegal implications, say attorneys at BakerHostetler.
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Measuring The Impact Of Attorney Gender On Trial Outcomes
Preliminary findings from our recent study on how attorney gender might affect case outcomes support the conclusion that there is little in the way of a clear, universal bias against attorneys of a given gender, say Jill Leibold, Olivia Goodman and Alexa Hiley at IMS Legal Strategies.
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The Ins And Outs Of Consensual Judicial References
As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.
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SpaceX Labor Suit May Bring Cosmic Jurisdictional Shifts
The National Mediation Board's upcoming decision about whether SpaceX falls under the purview of the National Labor Relations Act or the Railway Labor Act could establish how jurisdictional boundaries are determined for employers that toe the line, with tangible consequences for decades to come, say attorneys at Davis Wright.
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Opinion
The BigLaw Settlements Are About Risk, Not Profit
The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.
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Buyer Beware Of Restrictive Covenants In Delaware
Based on recent Delaware Chancery Court opinions rejecting restricted covenants contained in agreements in the sale-of-business context, businesses need to craft narrowly tailored restrictions that have legitimate interests, say attorneys at Saul Ewing.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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Key Steps For Traversing Federal Grant Terminations
For grantees, the Trump administration’s unexpected termination or alteration of billions of dollars in federal grants across multiple agencies necessitates a thorough understanding of the legal rights and obligations involved, either in challenging such terminations or engaging in grant termination settlements and closeout procedures, say attorneys at Holland & Knight.