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Employment
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September 16, 2024
NHS To Pay £87K To Clinician Who Quit Due To Low Funding
A National Health Service trust has agreed to pay more than £87,000 ($114,800) to a psychologist who won her claim that she was forced to quit her job because of a lack of funding and resources for her mental health unit.
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September 16, 2024
EEOC Says Healthcare Co.'s Leave Refusals Breach ADA
A company that provides healthcare services to the elderly violated the Americans with Disabilities Act by refusing to grant additional leave to workers when their Family and Medical Leave Act time off expired, the U.S. Equal Employment Opportunity Commission said in a new lawsuit.
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September 16, 2024
7 Million UK Private Sector Workers Facing Pensions Crisis
The retirement incomes of 40% of employees in the private sector are on track to fail to provide sufficient money to give them a decent standard of living, a report by a think tank said Monday.
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September 16, 2024
Tribunal Tosses Asda Workers' Claim For Extra Holiday Pay
A group of Asda employees have lost their bid for extra holiday pay as an employment tribunal ruled in favor of the supermarket chain, finding that it had the right under its agreement with the union to determine which days count as national holidays.
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September 15, 2024
Black Ex-UPS Driver Scores $238M Verdict In Retaliation Suit
A federal jury in Washington state smacked UPS with a $237.6 million verdict in a lawsuit brought by a Black former driver who said he had faced racist harassment — including a manager's referring to him as "boy" — and had been fired after complaining about the mistreatment.
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September 13, 2024
The 2024 Regional Powerhouses
The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.
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September 13, 2024
Conn. High Court Snapshot: Firm's Bill Battle Rages In Sept.
The Connecticut Supreme Court's September case lineup tasks the justices with helping a federal court judge decide if McCarter & English LLP can fetch punitive damages in a billing battle with an ex-client, and if parents suing Target and others can be compensated for the impairment of their relationship with their injured child. Here, Law360 previews some highlights of the high court's argument schedule for the month.
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September 13, 2024
Workers Strike Class Deal With Ex-Union's Benefit Plans
Former transportation company workers who accused a pair of their ex-union's benefit plans of unlawfully overpaying one of the plans' trustees and the plans' manager have urged an Illinois federal judge to greenlight a $615,000 class action deal.
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September 13, 2024
Amazon Settles ADA Suit Over Prescription Pain Med Firing
Amazon and a worker who said the company violated disability bias law by firing her after a drug test turned up hydrocodone, which she had been prescribed for her back, have struck a deal to end her case, according to an Indiana federal court filing.
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September 13, 2024
Yellow Corp.'s Bid To Ax $7.8B Pension Liability Rejected
A Delaware bankruptcy judge sided with the Pension Benefit Guaranty Corp. in its dispute with trucking firm Yellow Corp. over $7.8 billion in retirement fund withdrawal liability, ruling Friday that special federal funds from a 2021 COVID-19 stimulus package do not reduce or eliminate the debtor's liability.
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September 13, 2024
Walgreens To Pay $107M To End 3 False Billing Claims Suits
Walgreens has agreed to pay $106.8 million to settle claims across three lawsuits that it violated the False Claims Act and state laws for billing government health programs for prescriptions it never dispensed, the U.S. Department of Justice announced Friday.
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September 13, 2024
Ex-Manager Says Amazon Fired Her For Same-Sex Marriage
A former regional safety manager hit Amazon Inc. with a federal discrimination lawsuit alleging she was undermined, unfairly criticized and ultimately pushed out of the online retailer's workforce after she disclosed that she was married to another woman.
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September 13, 2024
Google, Cognizant Are Joint Employers, Union Tells DC Circ.
The union representing workers at YouTube Music's content operation urged the D.C. Circuit to uphold a National Labor Relations Board decision that Google and contractor Cognizant jointly employ the video site's workers, saying there's a "mountain of evidence" to support the board's ruling that both companies need to bargain with the union.
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September 13, 2024
NFL QB Faces New Assault Claims, NCAA's NIL Woes Grow
In this week’s Off The Bench, NFL quarterback Deshaun Watson is once again accused of sexual assault, and a group of former University of Michigan football players sue the NCAA for more than $50 million in NIL-related damages. In case you were sidelined this week, Law360 is here to catch you up on the sports and betting stories that had our readers talking.
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September 13, 2024
Trio Of BigLaw Mergers Expected To Drive More Deal Talks
After months of a relatively steady pace of law firm mergers and acquisitions, the trio of proposed BigLaw tie-ups announced in recent days will likely spur more firms toward entertaining similar deal talks, experts say. Here, Law360 offers a snapshot of the proposed deals.
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September 13, 2024
Dentons Taps Norton Rose For 3 Disputes Pros In Hong Kong
Dentons has recruited a team of three disputes lawyers from Norton Rose Fulbright in Hong Kong to boost its capabilities representing clients in international construction cases and other high-stakes matters.
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September 13, 2024
UFCW Pushes Supermarket To Produce Records In Labor Row
The United Food and Commercial Workers Local 400 asked a federal judge to compel a grocery store to comply with a subpoena for records relating to grievances about workers' hours and pay.
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September 13, 2024
3rd Circ. Won't Undo Philly DA's Immunity From Cop's Suit
The Third Circuit won't revive a Philadelphia police officer's lawsuit alleging that city District Attorney Larry Krasner violated his civil rights by hitting him with a murder charge that was ultimately tossed, finding that the officer couldn't overcome the immunity granted to prosecutors when advocating on behalf of the state.
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September 13, 2024
Boeing Machinists Strike For First Time Since 2008
Thousands of Boeing machinists and other workers walked off the job Friday after rejecting a proposed contract that union leadership had recommended for approval.
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September 13, 2024
Calif. Delivery Co. To Pay $7.5M To Settle Drivers' Wage Suit
A $7.5 million wage-and-hour settlement between a California-based transportation services company and some of its drivers secured a federal judge's final approval, resolving a five-year-old suit's minimum wage, expense reimbursement and follow-on claims.
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September 13, 2024
Mass. Justices Say Benefits Don't Accrue Under Leave Law
Massachusetts' top court ruled Friday that the state's Paid Family and Medical Leave Act doesn't allow a group of state troopers to accrue certain benefits while on leave.
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September 13, 2024
Property Developer Claims To Be Target Of Legal 'Vendetta'
The director of a defunct property developer has hit back against a claim that accuses him of breaching his duties to the company, as he argued that the "vexatious" case was brought as part of a "vendetta" by his former co-directors.
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September 13, 2024
EEOC Says Kids' Hospital Pulled Job Offer Over Egg Allergy
A children's hospital in Atlanta violated federal disability bias law when it yanked back a job offer from an applicant whose allergy to eggs meant she needed a special flu vaccine, the U.S. Equal Employment Opportunity Commission said in a new lawsuit.
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September 13, 2024
4 UK Employment Law Developments To Watch In 2024
A bill expected to bring in new rights for workers and unions is the main event in U.K. employment law in what's left of 2024 — but lawyers say that an upcoming law change on sexual harassment and major disputes could also shape employers' practices. Here, Law360 looks at what to keep an eye on for the rest of 2024.
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September 13, 2024
Ex-Fla. Law Prof's Retaliation Suit Moved North To Tallahassee
A central Florida federal judge has transferred a retaliation and breach of contract case brought by a former law professor at Florida A&M University College of Law to another Florida federal district court, finding that the dispute's ties to the Tallahassee area overcame arguments for keeping the case in Orlando.
Expert Analysis
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk
A Los Angeles Superior Court jury's recent $900 million verdict in a high-profile sexual assault and harassment case illustrates the increase in so-called nuclear verdicts in employment cases, and the need for employers to explore alternative methods of resolving disputes, say Anthony Oncidi and Morgan Peterson at Proskauer.
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Calif. Out-Of-State Noncompete Ban Faces Several Hurdles
California's attempt to bolster its noncompete law has encountered significant procedural and constitutional challenges, and litigating parties must carefully analyze not only the restrictive covenants contained in their agreements, but also the forum-selection and choice-of-law provisions, say Jennifer Redmond and Gal Gressel at Sheppard Mullin.
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What Cos. Should Note In DOJ's New Whistleblower Pilot
After the U.S. Department of Justice unveiled a new whistleblower pilot program last week — continuing its efforts to incentivize individual reporting of misconduct — companies should review the eligibility criteria, update their compliance programs and consider the risks and benefits of making their own self-disclosures, say attorneys at Skadden.
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Motion To Transfer Venue Considerations For FCA Cases
Several recent decisions highlight the importance for practitioners of analyzing as early as possible whether a False Claims Act case warrants a change of venue, and understanding how courts weigh certain factors for defendants versus whistleblowers, say Ellen London at London & Stout, and Li Yu and Corey Lipton at DiCello Levitt.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Opinion
Dreamer Green Card Updates Offer Too Little For Too Few
Despite the Biden administration’s good intentions in announcing a new pathway for college-educated Dreamers to receive green cards, the initiative ultimately does little to improve the status quo for most beneficiaries, and could even leave applicants in a worse position, says Adam Moses at Harris Beach.
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Proposed NIL Deal Leaves NCAA Antitrust Liability Door Open
The proposed House v. NCAA settlement filed in California federal court creates the possibility of significant direct payments to student-athletes for the first time, but the resulting framework is unlikely to withstand future antitrust scrutiny because it still represents an agreement among competitors to limit labor cost, says Yaman Desai at Lynn Pinker.
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Opinion
Expert Witness Standards Must Consider Peer Review Crisis
For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.
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Eye On Compliance: New Pregnancy And Nursing Protections
With New York rolling out paid lactation breaks and extra leave for prenatal care, and recent federal legislative developments enhancing protection for pregnant and nursing workers, employers required to offer these complex new accommodations should take several steps to mitigate their compliance risks, says Madjeen Garcon-Bonneau at Wilson Elser.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Patent Lessons From 5 Federal Circuit Reversals In June
A look at June cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court highlights a potential path for branded drugmakers to sue generic-drug makers for off-label uses, potential downsides of violating a pretrial order offering testimony, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.