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Employment
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April 30, 2025
McDonald's Operator Loses Assault Suit Coverage Appeal
Two insurers were correct to deny coverage for a former Pittsburgh-area McDonald's franchisee in a lawsuit accusing it of failing to stop a supervisor from sexually harassing and assaulting underage employees, since the litigation that sent it into bankruptcy fell under exceptions to the insurance policies, a Third Circuit panel ruled Wednesday.
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April 30, 2025
DC Judge Grapples With FBI Agents' Bid To Block Jan. 6 List
A D.C. federal judge on Wednesday questioned whether she could bar the U.S. Department of Justice from publicizing a list of FBI agents who worked cases stemming from the Jan. 6, 2021, insurrection at the U.S. Capitol without concrete evidence the department intends to do so.
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April 30, 2025
Coal Mining Cos.' $15.2M Wage Deal Needs Revision
A Kentucky federal judge declined to greenlight a $15.2 million settlement resolving miners' class and collective action against several mining companies over unpaid wages, saying the deal must be revised because the wage and hour landscape has changed over the past few years.
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April 30, 2025
Judge Orders Mediation In Riley Pope Data Breach Suit
A South Carolina federal judge on Tuesday ordered parties in a proposed class action over a 2024 cyberattack impacting the employees of law firm Riley Pope & Laney LLC's clients to conduct mediation ahead of trial — one day after the firm asked the court to toss the case, claiming the plaintiff has not alleged any actual misuse of his personal information.
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April 30, 2025
Ex-PETA Worker Says 24/7 On-Call Policy Ducked Wages
People for the Ethical Treatment of Animals implemented an illegal 24/7 on-call policy that cheated social media employees of wages and overtime, and terminated those who complained about it, a former employee said in a lawsuit in California state court.
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April 30, 2025
Wine Tasting Death Suit Revived After Judge Rethinks Order
The estate of a woman killed in a drunk driving crash after an allegedly mandatory wine tasting event at the Connecticut restaurant where she worked can pursue claims against a server and his employer, who were originally brought into the case as apportionment defendants, a state court judge has ruled after rethinking a prior decision.
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April 30, 2025
Barclay Damon Continues Growth With Morrison Cohen Hire
Barclay Damon LLP is continuing the momentum its headcount growth made in 2024, announcing Tuesday that it has hired an employee benefits attorney from Morrison Cohen LLP in New York City.
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April 30, 2025
Boston Hospital Fends Off Doctor's Whistleblower Claims
A Massachusetts state court judge on Tuesday tossed whistleblower, contract and wrongful termination claims brought by a doctor who alleged that Boston Medical Center ousted him in retaliation for his expert witness testimony contradicting his colleagues in child abuse cases.
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April 30, 2025
Former Paralegal Ends Whistleblower Suit Against NJ Firm
A onetime paralegal for New Jersey-based Brandon J. Broderick LLC has dropped a state court whistleblower suit he filed against the personal injury firm last spring.
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April 30, 2025
IHOP Franchisee Dodges Most Of Fired Server's Bias Suit
A North Carolina federal judge let an IHOP franchisee escape the bulk of a fired waitress's suit claiming she was propositioned for sex by a male manager and fired for complaining about it, ruling she had failed to put forward any corroboration about the alleged harassment to keep her claims in court.
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April 30, 2025
Dems Renew Effort To Enshrine LGBTQ+ Bias Protections
Democratic lawmakers have reintroduced a bill meant to codify protections against sexual orientation and gender identity bias established by the U.S. Supreme Court's landmark Bostock decision, saying the proposal is critical amid increasing attacks on LGBTQ+ rights across the U.S.
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April 30, 2025
Boston Lab Says Exec Took Trade Secrets To Rival
An executive departing a Boston contract research lab allegedly downloaded confidential and proprietary documents before he left to join a competing business in a move that breached his noncompete contract, according to a trade secrets lawsuit filed Tuesday in Massachusetts federal court.
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April 30, 2025
Unaccepted Offer Can't End Server's Tip Credit Suit
A Texas federal court ruled that it still had jurisdiction over a server's proposed collective action accusing a Houston-area restaurant of violating tip credit requirements, saying the worker has not accepted a $1,000 offer to end her case.
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April 30, 2025
Bipartisan House Members Pitch Expanded Paid Family Leave
A bipartisan group of House lawmakers unveiled legislation Wednesday that they said would expand access to paid family leave by incentivizing states to establish their own programs and facilitating the exchange of information between state and federal officials.
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April 30, 2025
NYC Paid Record High Of $2B In Legal Claims In 2024
New York City paid nearly $2 billion last year to settle legal claims, setting a record high for the payouts with a half-billion dollar increase over the previous year, according to new data released by the city's fiscal watchdog on Wednesday.
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April 30, 2025
Justices Say Reservists Get Extra Pay No Matter Wartime Role
The U.S. Supreme Court ruled on Wednesday that federally employed military reservists called to active duty during wartime or a national emergency are entitled to a top-up differential pay, regardless of their specific role.
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April 29, 2025
Ex-Levi's Exec Loses Bid To Call Therapist At Bias Trial
A California federal judge on Tuesday rejected a renewed bid from an ex-Levi Strauss executive suing for sex discrimination to have her therapist testify in the trial's liability phase about work-related stress, saying comments from a former Levi's colleague about the plaintiff's home struggles didn't open the door for his testimony.
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April 29, 2025
LA County Approves $4B Juvenile Sex Abuse Settlement
Los Angeles County officials on Tuesday officially approved a previously announced $4 billion settlement to resolve nearly 7,000 claims of sexual abuse at juvenile detention facilities and foster homes, touted as the largest sex abuse settlement in U.S. history.
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April 29, 2025
HR Co. Execs Say Insurance Biz Can't Sue Companies It Owns
Executives of a human resources management and staffing company urged a Florida federal court to toss a lawsuit brought by its workers' compensation insurance manager alleging it's owed $25 million over a dissipated collateral fund, saying the litigation is "collusive" because the parent company controls the entities it's suing.
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April 29, 2025
USPTO Flouted Labor Law At Examiner Meeting, Union Says
The labor union representing the federal government's patent examiners has filed a formal complaint alleging a representative for the union was blocked from being able to talk at a meeting between the workers and the federal patent office.
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April 29, 2025
6th Circ. Reopens Ex-Mich. County Worker's Firing Challenge
The Sixth Circuit partially revived a former Michigan county department head's lawsuit claiming he was fired because he was in his 50s, finding Tuesday that while his age bias claim can't proceed, a reasonable jury could find he wasn't given an adequate opportunity to challenge his termination before it was finalized.
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April 29, 2025
Kroger-Owned Chain Fights To Keep UFCW Suit Alive
The Kroger-owned grocery chain King Soopers urged a Colorado federal judge Tuesday to preserve its lawsuit against a United Food and Commercial Workers local, saying the company can prove that the union is placing unlawful pressure on it to bargain with multiple locals at once.
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April 29, 2025
Workday Bias Suit May Gain Collective Status
A federal judge appeared inclined Tuesday to greenlight a collective action from job applicants over 40 who say they were unlawfully steered away from jobs by a Workday hiring tool, saying she saw a "common answer" applying across the proposed group.
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April 29, 2025
Trump Can't Reorganize Gov't Without Congress, Groups Say
President Donald Trump lacks the power to reorganize the executive branch and push for mass terminations of workers when Congress hasn't given its blessing, unions and other groups told a California federal court.
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April 29, 2025
Union Pension Fund Wins $132M Bailout Suit At 2nd Circ.
A union pension fund won its multimillion-dollar dispute with the Pension Benefit Guaranty Corp. on appeal Tuesday, with the Second Circuit reversing a New York federal judge's 2023 decision that the PBGC was within its rights to reject the fund's 2022 application for $132 million in financial assistance.
Expert Analysis
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What Public View Of CEO's Killing Means For Corporate Trials
Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.
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4 Employment Law Areas Set To Change Under Trump
President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.
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What Employment Bias Litigation Looks Like After Muldrow
Nine months after the U.S. Supreme Court created an undemanding standard for discrimination claims in Muldrow v. St. Louis, Eric Schnapper at the University of Washington discusses how the Title VII litigation landscape has changed and what to expect moving forward.
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8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.
A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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10 Key Worker-Friendly California Employment Law Updates
New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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How PAGA Reform Can Inform Employer Strategies In 2025
While recent changes to California's Private Attorneys General Act will not significantly reduce PAGA claims, employers can use the new law to potentially limit their future exposure, by taking advantage of penalty reduction opportunities and more, say attorneys at Thompson Coburn.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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7 Employment Contracts Issues Facing DOL Scrutiny
A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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How Deregulation Could Undermine Trump's Anti-DEI Agenda
While rolling back federal agency power benefited conservative policies during the Biden administration, it will likely undermine President Donald Trump's ability to wield agencies like the U.S. Equal Employment Opportunity Commission to dismantle diversity, equity and inclusion initiatives beyond the federal workforce and into the private sector, says Ally Coll at the Purple Method.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.