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Employment
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June 10, 2025
Worker's Suit Over Weed Firing Gets Thrown Out
A construction worker can't sue his employer for wrongful termination on claims that his supervisor wrongly accused him of smoking marijuana while on the job, a Virginia federal judge has ruled, saying state law allows companies to fire workers even on untrue allegations of drug use.
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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.
Expert Analysis
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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What Axed Title IX Gender Identity Rule Means For Higher Ed
Following a Kentucky federal court's recent decision in State of Tennessee v. Cardona to strike down a Biden-era rule that expanded the definition of Title IX to prohibit discrimination on the basis of gender identity, institutions of higher education should prepare to reimplement policies that comply with the reinstated 2020 rule, say attorneys at Venable.
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A Path Forward For Cos. Amid Trump's Anti-DEIA Efforts
Given the Trump administration’s recent efforts targeting corporate diversity, equity, inclusion and accessibility programs — including threatening possible criminal prosecution — companies should carefully tailor their DEIA initiatives to comply with both the letter and the spirit of antidiscrimination law, say attorneys at Pillsbury.
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Workforce Data Collection Considerations After DEI Order
Following President Donald Trump's executive order targeting diversity, equity and inclusion efforts, employers should balance the benefits of collecting demographic data with the risk of violating the order’s prohibition on "illegal DEI," say Lynn Clements at Berkshire Associates, David Cohen at DCI Consulting and Victoria Lipnic at Resolution Economics.
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Evidence Rule May Expand Use Of Out-Of-Court Statements
A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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How DOGE's Severance Plan May Affect Federal Employees
President Donald Trump's administration, working through the Department of Government Efficiency, recently offered a severance package to nearly all of the roughly 2 million federal employees, but unanswered questions about the offer, coupled with several added protections for government workers, led to fewer accepted offers than expected, says Aaron Peskin at Kang Haggerty.
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Opinion
At 100, Federal Arbitration Act Is Used To Thwart Justice
The centennial of the Federal Arbitration Act, a law intended to streamline dispute resolution in commercial agreements, is an opportunity to reflect on its transformation from a tool of fairness into a corporate shield that impedes the right to a fair trial, says Lori Andrus at the American Association for Justice.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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The Math Of Cross-Examination: Less Is More, More Is Less
When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Tools For Witness Control That Go Beyond Leading Questions
Though leading questions can be efficient and effective for constraining a witness’s testimony, this strategy isn’t appropriate for every trial and pretrial scenario, so techniques like headlining and looping can be deployed during direct examination, depositions and even witness interviews, says Allison Rocker at Baker McKenzie.
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10 Issues To Watch In Aerospace And Defense Contracting
This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.
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Will Independent Federal Agencies Remain Independent?
For 90 years, members of multimember independent federal agencies have relied on the U.S. Supreme Court's 1935 ruling in Humphrey's Executor v. U.S. establishing the security of their positions — but as the Trump administration attempts to overturn this understanding, it is unclear how the high court will respond, says Harvey Reiter at Stinson.