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Employment
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June 10, 2025
Pa. University Seeks Toss Of Sergeant's Retaliation Claims
The University of Scranton wants a Pennsylvania federal judge to dismiss retaliation and disability bias allegations from a police sergeant who alleged he was fired because he had cancer, telling the district court that the worker hadn't put up enough facts to support some of his claims.
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June 10, 2025
Brokerage Firm Fired CFO For Starting Family, She Tells Court
A cloud-based real estate brokerage firm's former chief financial officer was unfairly accused of racking up $17,000 in personal expenses on a company card to justify her termination after her maternity leave ended, she told a New York federal court Tuesday.
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June 10, 2025
Ill. Judge Questions Standing In Biogen Antitrust Suit
An Illinois federal judge seemed skeptical Tuesday that health benefit plans accusing Biogen of impairing competition for its multiple sclerosis drug, Tecfidera, have standing to bring their lawsuit under decades-old precedent allowing only direct purchasers to recoup damages.
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June 10, 2025
GM To Drop 'Cockamamie' Fiat Foreign Account Claims
A Michigan judge indicated Tuesday that he would let General Motors withdraw allegations that Fiat Chrysler held foreign bank accounts in a union bribery scheme suit, and said he'd leave the determination of whether the automaker should be sanctioned for not sharing its evidence supporting those claims for another day.
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June 10, 2025
Feds Say NH Trans Sports Ban Suit Lacks Real Injury
The U.S. government hopes to escape a New Hampshire lawsuit challenging both state and federal policies prohibiting transgender athletes from competing in women's sports, saying the complaint shows only "speculative future injury."
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June 10, 2025
T-Mobile Worker Can't Upend Arbitration Order In OT Suit
A T-Mobile technician cannot keep his unpaid overtime lawsuit in court, a Washington federal judge ruled Tuesday, saying he failed to show that he was duped into signing a delegation clause that mandated issues surrounding the arbitrability of his claims be decided outside court.
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June 10, 2025
Union, Philharmonic Fight Suits From Suspended Musicians
A musicians union has asked a New York federal judge to toss two suspended New York Philharmonic players' allegations that the union illegally dropped its fight for their reinstatement, saying it had good reason to abandon the mission after the full extent of their alleged sexual violence was revealed.
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June 10, 2025
Campbell's Hit With Wage-Hour Suit Over Donning Time
Renowned soup producer Campbell's failed to pay production workers for the time they spent putting on personal protective equipment before their shifts, a former company's filler operator said in a proposed collective action in New Jersey federal court.
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June 10, 2025
Ex-Fidelity Associate GC Returns To Mayer Brown In Chicago
Mayer Brown LLP has rehired the former co-chair of its practice focused on retirement benefit matters, who returns to the firm after helping to lead a team of attorneys at Fidelity Investments responsible for health and retirement plan litigation.
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June 10, 2025
Mass. Court-Appointed Attys Hit 'Boiling Point' Over Low Pay
Hundreds of private attorneys in Massachusetts who are paid by the state to represent indigent defendants and others have stopped accepting new court-appointed cases over complaints about low pay, putting the system on what one veteran advocate called "the verge of imploding."
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June 10, 2025
Ex-GC Accused Of Stealing IP Amid Ownership Stake Dispute
E-commerce company Storehouse In A Box sued its former general counsel and chief operating officer in Michigan federal court Monday, alleging he misappropriated trade secrets and confidential information, while also engaging in outside ventures that conflicted with his duties, after a dispute arose over his ownership claim in the business.
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June 10, 2025
Longtime Reed Smith Employment Pro Joins Fisher Phillips
An attorney who has focused his career on advising clients on employment and labor matters recently moved his practice to Fisher Phillips' Pittsburgh office after 13 years with Reed Smith LLP.
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June 10, 2025
Nev. Pension Plan Urges 9th Circ. To Ax DOJ Military Bias Suit
Pension credits bought by military service members aren't an accrued benefit under the Uniformed Services Employment and Reemployment Rights Act, Nevada's public employee retirement system argued, urging the Ninth Circuit not to revive the U.S. Department of Justice's suit alleging the state and system overcharged employees for the credits.
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June 10, 2025
Amazon Worker Says Military Class Ruling Needs Reopening
The U.S. Supreme Court declined to weigh in on a case that would have had an impact on a former Amazon employee's request for class status in her military leave suit, the worker told a New York federal court, saying it should reopen her suit and approve class treatment.
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June 10, 2025
8th Circ. Mulls If Supervisor's Family Remark Signals Sex Bias
The Eighth Circuit wondered Tuesday whether a Walmart supervisor's supposed rationale for promoting a male employee to a managerial role — that he had a "family to support" — lends credence to a female former employee's sex discrimination claim over the advancement decision.
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June 10, 2025
7th Circ. Won't Revive United Workers' Vax Mandate Suit
A Seventh Circuit panel on Monday affirmed a district court's decision to throw out a lawsuit from former employees challenging United Airlines' COVID-19 vaccination mandate, agreeing that the workers' claims are "either improperly preserved or inadequately pled."
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June 10, 2025
Blue States Back Harvard In $2.2B Funding Freeze Fight
A coalition of 20 states and the District of Columbia filed a brief supporting Harvard University's bid for a pretrial win in its challenge to the Trump administration's move to freeze $2.2 billion in funds, telling a Massachusetts federal judge that the president's attacks on universities are "an attack on the states themselves."
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June 10, 2025
Drivers Say FedEx Is Employer, Liable For Unpaid OT
FedEx exercised substantial control over drivers' jobs, two former workers told a Pennsylvania federal court, urging it to find that the delivery company acted as their joint employer and is therefore on the hook for what they said are unpaid overtime wages.
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June 10, 2025
Atlanta Drag Bar Agrees To $50K Deal In Wage Suit
An Atlanta bar that provides drag show entertainment has agreed to pay $50,000 to end a performer's proposed collective action alleging it failed to pay minimum wage and overtime, and both parties urged a Georgia federal court to greenlight the deal.
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June 09, 2025
Bedoya Exits FTC, But Keeps Up Legal Fight Against Trump
Alvaro M. Bedoya, one of two Democratic Federal Trade Commission members fired by President Donald Trump, gave notice Monday of his formal resignation in order to pursue other work, but emphasized that he is not dropping his lawsuit against the president.
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June 09, 2025
Judge Rebukes Navy Vet's Counsel In VA Malpractice Trial
A Washington federal judge narrowed the scope of a Navy veteran's medical malpractice case against the federal government on Monday, chiding her counsel for trying to change a years-old expert opinion on the eve of a long-awaited bench trial and "wasting" time on unnecessary questioning.
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June 09, 2025
Blake Lively, NYT Defeat 'It Ends With Us' Defamation Claims
A New York federal judge on Monday threw out Justin Baldoni's defamation claims against his "It Ends With Us" costar Blake Lively, her husband Ryan Reynolds and The New York Times, among others, ruling that Baldoni hasn't plausibly alleged any statements were made or reported maliciously.
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June 09, 2025
Unions Win Injunction In OPM, DOGE Privacy Suit
A New York federal judge on Monday granted a preliminary injunction bid against the U.S. Office of Personnel Management in a lawsuit accusing it of unlawfully disclosing employees' personal information to the Department of Government Efficiency, saying OPM granted broad access to the information despite there being no "credible need."
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June 09, 2025
Florida Will Ask 11th Circ. To Revive Trans Health Suit
The state of Florida indicated Friday it will ask the Eleventh Circuit to reopen its lawsuit against the U.S. Department of Health and Human Services challenging a rule setting coverage requirements on employers for gender-affirming care, despite the new administration's reversal on the rule.
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June 09, 2025
Emirates Ex-Workers Seek Class Certification In Layoff Suit
A group of Emirates ex-employees who lost their jobs during the COVID-19 pandemic asked a New York federal judge to certify their lawsuit against the airline as a class action, saying their discrimination, benefits and WARN Act claims apply to many ex-workers and should be processed collectively.
Expert Analysis
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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.
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Oft-Forgotten Evidence Rule Can Be Powerful Trial Tool
Rule 608 may be one of the most overlooked provisions in the Federal Rules of Evidence, but as a transformative tool that allows attorneys to attack a witness's character for truthfulness through opinion or reputation testimony, its potential to reshape a case cannot be overstated, says Marian Braccia at Temple University Beasley School of Law.
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What Employers Should Know About New Wash. WARN Act
Washington state's Securing Timely Notification and Benefits for Laid-Off Employees Act will soon require 60 days' notice for certain mass layoffs and business closures, so employers should understand how their obligations differ from those under the federal Worker Adjustment and Retraining Notification Act before implementing layoffs or closings, say attorneys at Littler.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Collective Cert. In Age Bias Suit Shows AI Hiring Tool Scrutiny
Following a California federal court's ruling in Mobley v. Workday, which appears to be the first in the country to preliminarily certify a collective action based on alleged age discrimination from artificial intelligence tools used for hiring, employers should move quickly to audit these technologies, say attorneys at Davis Wright.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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Age Bias Suit Against Aircraft Co. Offers Lessons For Layoffs
In Raymond v. Spirit AeroSystems Holdings, an aircraft maker's former employees recently dismissed their remaining claims after the Tenth Circuit rejected their nearly decade-old collective action alleging age discrimination stemming from a 2013 reduction in force, reminding employers about the importance of carefully planning and documenting mass layoffs, say attorneys at Cooley.
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Takeaways From DOJ's 1st Wage-Fixing Jury Conviction
U.S. v. Lopez marked the U.S. Department of Justice's first labor market conviction at trial as a Nevada federal jury found a home healthcare staffing executive guilty of wage-fixing and wire fraud, signaling that improper agreements risk facing successful criminal prosecution, say attorneys at McGuireWoods.
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EEOC Suits Show Cos. Shouldn't Ax Anti-Harassment Efforts
Companies shouldn't be so quick to eliminate anti-harassment programs in response to the U.S. Equal Employment Opportunity Commission's guidance cautioning against unlawful diversity, equity and inclusion programs, as recent enforcement actions demonstrate that the agency still plans to hold employers accountable for addressing sexual harassment, says Ally Coll at the Purple Method.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Enviro Justice Efforts After Trump's Disparate Impact Order
The Trump administration's recent executive order directing the U.S. Department of Justice to unwind disparate impact regulations may end some Biden-era environmental justice initiatives — but it will not end all efforts, whether by state or federal regulators or private litigants, to address issues in environmentally overburdened communities, say attorneys at ArentFox Schiff.
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Disparate Impact Theory Lives On Despite Trump Order
Although President Donald Trump's recent executive order directed federal agencies to stop pursuing disparate impact claims, employers may still be targeted by private litigants' claims and should therefore stay alert to the risk that their practices may produce a disparate impact on members of a protected group, say attorneys at Duane Morris.
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Jurisdictional Issues At Play In 9th Circ.'s FCA Trade Case
A decision by the Ninth Circuit in Island Industries v. Sigma Corp. could result in the U.S. Court of International Trade’s exclusive jurisdiction over trade-related FCA cases, a big shift in the enforcement landscape just as tariffs take center stage in trade policy, say attorneys at Haynes Boone.