The Second Circuit on Monday refused to revive a fringe contributions dispute between two concrete companies and a group of union fringe benefit funds, affirming a lower court's decision to hand the union an early win that was partially based on the companies' failure to respond to discovery requests.
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WEDNESDAY, JULY 23, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

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2nd Circ. Backs Union Win Over Concrete Cos. In CBA Fight

By Kellie Mejdrich

The Second Circuit on Monday refused to revive a fringe contributions dispute between two concrete companies and a group of union fringe benefit funds, affirming a lower court's decision to hand the union an early win that was partially based on the companies' failure to respond to discovery requests.

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Trump Admin's Harvard Cuts Vex Judge: 'Staggering To Me'

By Chris Villani

A Massachusetts federal judge said Monday that the Trump administration has not presented evidence that Harvard has failed to address antisemitism on its campus and expressed bewilderment at the government's legal justifications for cutting $2.2 billion in funding.

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6th Circ. Revives Fired Clariant Clerk's Gender Bias Suit

By Carolyn Muyskens

A former warehouse clerk is entitled to a trial on her claim that she was terminated because of her gender during a workforce reduction at a U.S. division of Swiss chemical company Clariant, the Sixth Circuit has ruled.

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Xerox Strikes $9.1M Deal To End 13-Year-Long Wage Case

By Irene Spezzamonte

Xerox agreed to pay $9.1 million to end a 13-year-long wage lawsuit that went to the Ninth Circuit and the Washington Supreme Court, according to a federal court filing by more than 5,700 call center workers who accused the company of violating the Evergreen State's minimum wage law.

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CWA Unit Decries Use Of Its Funds As 'Personal Piggy Bank'

By Beverly Banks

A CWA local representing New York City Police Department traffic enforcement agents demanded $1 million in damages in a federal suit aiming to block its placement in a trusteeship, with the affiliate claiming a temporary administrator from the parent union used the local's funds as a "personal piggy bank."

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DOL Rescinds ERISA Guidance On Citi Racial Equity Program

By Kellie Mejdrich

The U.S. Department of Labor rescinded a Biden-era opinion letter Monday that had backed Citi's commitment to pay fees for diverse investment managers overseeing Citi-sponsored benefit plans regulated by the Employee Retirement Income Security Act, saying the letter no longer reflected the department's views.

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DISCRIMINATION

Pay Bias Judge Guts $2.8M Fee Request, Citing Errors At Trial

By Matthew Santoni

A Pennsylvania federal judge sliced an attorney's requested $2.8 million fee award for a pay-discrimination case against a school district Monday, blaming the plaintiff's counsel for errors during the two trials it took to reach a verdict.

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Nonprofits Take Aim At New HUD Grant Rules

By Grace Dixon

A coalition of nonprofit groups filed suit Monday in Rhode Island federal court, challenging new conditions for U.S. Department of Housing and Urban Development grants that target diversity, equity and inclusion programs; abortion access; and transgender individuals.

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WAGE & HOUR

Amazon, Amplio Can Arbitrate Drivers' OT Suit, Judge Says

By Gina Kim

Amazon and Amplio can arbitrate a proposed wage-and-hour class action filed by two former delivery drivers, a California federal judge said Friday, finding the state law barring employers from requiring workers to waive rights for labor code violations as a job condition doesn't preclude the companies from enforcing arbitration agreements. 

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HealthOne Faces Class Action From Nurses Over Missed Breaks

By Zach Dupont

A group of nurses filed a proposed class action in Colorado state court Friday claiming that HealthOne violated state employment laws by failing to ensure employees took 30-minute meal breaks during their shifts.

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Walgreens Accused Of Failing To Provide Meal, Rest Breaks

By Irene Spezzamonte

Walgreens flouted Washington state law and Seattle's wage theft ordinance by failing to provide employees with meal and rest breaks and then automatically deducting time for breaks that workers never took, a former pharmacy employee said in a proposed class action in federal court.

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Brief

NY Cleaners Seek $30K In Atty Fees, Costs In Wage Suit Deal

By Irene Spezzamonte

Cleaners who reached a $75,000 deal to end their suit accusing a real estate investment company and its subsidiary of unpaid wages told a New York federal court their attorneys should receive nearly $30,000 in fees and expenses.

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LABOR

Bronx Defenders Reaches Tentative Deal To End Strike

By Andrea Keckley

The union representing staff attorneys for the Bronx Defenders — one of several member shops of the Association of Legal Advocates and Attorneys that went on strike last week — has reached a tentative contract agreement with their managers.

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Tech Co. Defends Confidentiality Clause In Separation Pact

By Emily Brill

A technology company was allowed to ban its laid-off employees from discussing the terms of their separation agreement with their co-workers, the company argued to a National Labor Relations Board judge, defending itself against board prosecutors' claims that the agreement's confidentiality section was illegal.

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PEOPLE

Fisher Phillips Adds Another Reed Smith Atty In Houston

By Christine DeRosa

Employer-side labor and employment firm Fisher Phillips has continued its growth in Texas with the addition of a partner in Houston from Reed Smith LLP, the firm said Monday.

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Cozen O'Connor Lands Employment Atty From Jackson Lewis

By James Boyle

A Pittsburgh attorney with more than two decades of experience counseling clients on employment matters could not pass up the opportunity to move her practice to Cozen O'Connor after more than 12 years with Jackson Lewis and take advantage of the full-service firm's resources.

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EXPERT ANALYSIS

Wash. Law Highlights Debate Over Unemployment For Strikers

A new Washington state law that will allow strikers to receive unemployment benefits during work stoppages raises questions about whether such laws subsidize disruptions to the economy or whether they are preempted by federal labor law, says Daniel Johns at Cozen O'Connor.

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FDA's Hasty Policymaking Approach Faces APA Challenges

Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.

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The Metamorphosis Of The Major Questions Doctrine

The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.

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LEGAL INDUSTRY

NJ Judges End Habba's Tenure, Bondi Removes Replacement

By Jake Maher

The New Jersey federal district court brought Alina Habba's run as interim U.S. attorney to an end Tuesday by not extending her tenure in the temporary role past 120 days.

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Ethics Appeal Over Columbia Letter Nixed As Judge Joins USDA

By Emily Sawicki

In its first decision of 2025, the Judicial Conference's conduct committee on Tuesday dismissed a challenge to the Seventh Circuit Judicial Council's decision to toss ethics claims against a U.S. Court of International Trade judge who threatened not to hire law clerks from Columbia University over the school's handling of Israel protests.

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Analysis

As Habba Exits, NJ Mayor's Suit Against Prosecutor Goes On

By Jake Maher

Prosecutors are well-guarded by immunity from civil claims, but Newark Mayor Ras Baraka's recent defamation and false arrest suit against interim U.S. Attorney Alina Habba uses her public statements to try to evade that doctrine, experts told Law360.

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Bipartisan Bill Aims To Protect Judges From Rising Threats

By Lauren Berg

Representatives Lucy McBath, D-Ga., and Michael McCaul, R-Texas, on Tuesday reintroduced legislation in the U.S. House of Representatives to better protect state and local judges from threats and violence that are "becoming increasingly more common" against the judiciary.

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Missouri Solicitor General, State Judge Secure Federal Seats

By Courtney Bublé

The Senate confirmed two nominees on Tuesday to serve on Missouri federal courts.

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Ex-Boeing Atty's 'Toxic Leadership Style' Sinks Race Bias Suit

By Grace Elletson

A Washington federal judge tossed a lawsuit from a former Boeing in-house attorney who said the company fired her because she is Asian and spoke up about compliance concerns, ruling she couldn't overcome testimony from colleagues who said she was "volatile" and had a "toxic leadership style."

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FCA Draws Heavy Constitutional Fire After $1.6B J&J Verdict

By Jeff Overley

Reeling from a record fraud verdict tied to drug promotion practices, Johnson & Johnson is pursuing a sweeping constitutional challenge to the False Claims Act, and in filings this week at the Third Circuit, major industry allies rallied behind its views of whistleblower litigants usurping executive branch power.

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Judge Nixes 'Ghost' Lawyer's Suit Against Ex-Employee, Atty

By Phillip Bantz

A Florida judge has tossed a lawsuit that an attorney accused of ghosting and defrauding his clients brought against his former paralegal and a legal malpractice lawyer alleging they conspired to steal his clients and trash his reputation.

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DC Circ. Denies AP's Bid To Rehear White House Press Ban

By Rae Ann Varona

The D.C. Circuit on Tuesday refused to reconsider a split panel's decision reinstating a White House directive banning the Associated Press from the Oval Office and other restricted spaces, with one circuit judge explaining that the requirements for an en banc review were not met.

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LAW FIRMS IN TODAY'S NEWS

Advisors LLC

Advocates for Justice Chartered Attorneys

Anderl & Oakley

Appellate Advocates

Babst Calland

Ballard Spahr

Berger Montague

Breskin Johnson

Bryan Cave

Butch Boyd Law Firm

Cohen Weiss

Cole Scott & Kissane

Covington & Burling

Cozen O'Connor

Crosner Legal

Crowell & Moring

Dechert LLP

Dickie McCamey

Fisher & Phillips

Gorlick Kravitz

Jackson Lewis PC

K&L Gates

Kellogg Hansen

King & Spalding

Lehotsky Keller

Levin Legal Group

Mazurek Law Firm

Meltzer Lippe

Ogletree Deakins

Phelps Dunbar

Quinn Emanuel

Reed Smith

Ropes & Gray

Scott & Corley

Secrest Wardle

Sidley Austin

Skadden Arps

Stoel Rives

Terrell Marshall

Wayman Irvin

Williams & Connolly

COMPANIES IN TODAY'S NEWS

AdvaMed

Air Liquide

Amazon.com Inc.

American Academy of Pediatrics

American Association of University Professors

American Tort Reform Association

American Trucking Associations Inc.

Associated Press

Bracco SpA

Bragg

CVS Health Corp.

Cato Institute

Center for Appellate Litigation

Chevron Corp.

Citigroup Inc.

Citrin Cooperman & Co. LLP

Clariant AG

Cleveland Indians

Communications Workers of America

Democracy Forward Foundation

Duquesne University

Executive Health Resources Inc.

FedEx Corp.

First Liberty Institute

Futurewei Technologies Inc.

George Washington University

HCA-HealthONE LLC

International Association of Better Business Bureaus Inc.

Johnson & Johnson

LinkedIn Corp.

Loyola University New Orleans

Missouri Bar Association

National Association of Manufacturers

National District Attorneys Association

Natural Resources Defense Council

New York Legal Assistance Group Inc.

Omnicare Inc.

Pew Research Center

Pharmaceutical Research & Manufacturers of America

Supervalu Inc.

The Boeing Co.

The Bronx Defenders

U.S. Chamber of Commerce

Washington Legal Foundation

Xerox Holdings Corp.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Administration for Children and Families

Bureau of Labor Statistics

Centers for Disease Control and Prevention

Equal Employment Opportunity Commission

Federal Communications Commission

Food and Drug Administration

Health Resources and Services Administration

Judicial Conference of the United States

National Institutes of Health

National Labor Relations Board

National Marine Fisheries Service

New Jersey Court

New York City Police Department

Occupational Safety and Health Administration

State Justice Institute

U.S. Attorney's Office

U.S. Attorney's Office for the District of New Jersey

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Health and Human Services

U.S. Department of Housing and Urban Development

U.S. Department of Justice

U.S. Department of Labor

U.S. District Court for the District of Columbia

U.S. District Court for the District of Massachusetts

U.S. District Court for the District of New Jersey

U.S. District Court for the District of Rhode Island

U.S. District Court for the Eastern District of New York

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Washington

U.S. Environmental Protection Agency

U.S. House of Representatives

U.S. Immigration and Customs Enforcement

U.S. Office of Government Ethics

U.S. Office of Personnel Management

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Colorado

Vermont Natural Resources Agency