​​​​​​​8th Circ. Questions Minn. Contractor Law's Vagueness

By Max Kutner

The Eighth Circuit on Tuesday questioned trade groups challenging a Minnesota independent contractor misclassification law about the level of scrutiny to apply to the statute and seemed unconvinced that the law is unconstitutionally vague.

Read full article » | Save to favorites »

Bakery Drivers Are Exempt From Arbitration, 2nd Circ. Told

By Aaron Keller

Two Connecticut delivery drivers asked the Second Circuit on Tuesday to reverse an order sending their employment misclassification lawsuit to arbitration, arguing the Federal Arbitration Act doesn't apply to workers engaged in interstate commerce and cuts through contracts that purportedly cast them as independent contractors.

3 documents attached | Read full article » | Save to favorites »

White House Fights Seattle's Bid To Block DEI Grant Rules

By Rachel Riley

The Trump administration on Tuesday called on a Washington federal judge to let it proceed with federal grant conditions forcing recipients to drop efforts related to diversity and "gender ideology," contending that Seattle is challenging the terms based on mere speculation that the city may one day be targeted for "hypothetical noncompliance."  

Response attached | Read full article » | Save to favorites »

Wilcox Urges Justices Not To Pick And Choose Firing Fights

By Emily Brill

If the U.S. Supreme Court steps in to review the legality of former Federal Trade Commission leader Rebecca Slaughter's firing before the D.C. Circuit does, it should also intervene to consider former National Labor Relations Board member Gwynne Wilcox's firing, Wilcox told the justices.

Petition attached | Read full article » | Save to favorites »

UC Groups Sue Trump Admin Alleging Free Speech Violations

By Craig Clough

A coalition of faculty, staff and unions affiliated with the University of California system sued the Trump administration in federal court Tuesday, arguing the suspension of $584 million in research projects along with threats to terminate billions more violates the law and is an attempt to violate their free speech.

Complaint attached | Read full article » | Save to favorites »

DOJ Fights Court Order To Reinstate NCUA Board Members

By Katryna Perera

The Trump administration has told the D.C. Circuit that the president had the right to remove two National Credit Union Administration board members at will, and that a lower court was wrong to reinstate them and read extra job protections into the law.

Brief attached | Read full article » | Save to favorites »

7th Circ. Judge Wary Of Pilots' Bid To Amend Vax Bias Claims

By Celeste Bott

A Seventh Circuit judge on Tuesday pushed counsel for two United Airlines pilots to address how the lower court abused its "very broad" discretion in refusing to allow them to file a third amended complaint accusing the airline of religious discrimination, after they were placed on unpaid leave despite religious exemptions from the airline's COVID-19 vaccination mandate.

Read full article » | Save to favorites »

Dems Renew Push To Ban Credit Checks In Hiring

By Patrick Hoff

Democratic lawmakers introduced legislation that would bar employers from requiring job applicants to disclose their credit history as part of the hiring process, saying the bill would remove a barrier that disproportionately hurts women and minority workers.

Bill attached | Read full article » | Save to favorites »

Airline Staffing Co. Must Face Most Of Breastfeeding Bias Suit

By Matthew Santoni

A company providing staff and support to airlines at Pittsburgh International Airport must face most of a former agent's claims it retaliated against her for seeking time to pump breast milk at work, a Pennsylvania federal judge ruled Monday.

Opinion attached | Read full article » | Save to favorites »

Federal Court Reporter Beats Transcript Omission Claim

By Celeste Bott

A court reporter for an Illinois federal judge Tuesday defeated a lawsuit brought by a pro se plaintiff alleging she failed to transcribe part of a hearing and left out statements that would be damaging to the judge in an underlying employment dispute.

Opinion attached | Read full article » | Save to favorites »

Wash. Justices Scrutinize Minimum Wage 'Live In' Exclusion

By Rachel Riley

Washington Supreme Court justices on Tuesday pushed counsel for an adult family home on the stance that its "live in" workers are adequately protected by existing laws and regulations, pointing to testimony its employees are always on call and sometimes at risk of physical assault by residents.

2 documents attached | Read full article » | Save to favorites »

Harborview Nurses In Ga. Score Collective Status In OT Suit

By Gina Kim

A pair of nurses who worked at Harborview Health Systems' facility in Rome, Georgia, brought enough evidence to show they and other similarly situated nurses were subjected to pay practices that shorted them on overtime wages to proceed as a collective action, a New York magistrate judge said Tuesday.

Order attached | Read full article » | Save to favorites »

United Pays Only For Flying Time, Ex-Flight Attendant Says

By Irene Spezzamonte

United Airlines paid flight attendants only for the time they spent flying, leading to millions of dollars of unpaid wages and overtime, a former flight attendant for the airline said in a proposed class action in New Jersey federal court.

Complaint attached | Read full article » | Save to favorites »

Media Co. Told Employees To Falsify Breaks, Worker Says

By Irene Spezzamonte

A California media company pressured employees to falsely record breaks and fired those who complained about wage and hour violations or sought a raise, a former production coordinator claimed in a suit filed in state court.

Complaint attached | Read full article » | Save to favorites »

Brief

Maritime Recruiter Settles Naval Engineers' No-Poach Claims

By Hayley Fowler

A maritime jobs recruitment company has settled claims it participated in an illegal no-poach conspiracy to suppress wages among some of the country's biggest warship makers and naval engineering consultants, court records show.

2 documents attached | Read full article » | Save to favorites »

Trump Admin Says Judge Can't Protect Agency Union Pacts

By Emily Brill

If six federal agencies accept President Donald Trump's invitation to cancel their union contracts, a D.C. federal judge cannot intervene, the Trump administration has argued, claiming that the unions must bring their fight to protect the contracts to a federal labor-management relations agency, not a judge.

Memorandum attached | Read full article » | Save to favorites »

Military Contractor Tells Justices To Nix Army Vet's Injury Suit

By Y. Peter Kang

Fluor Corp. has urged the U.S. Supreme Court to toss a suit seeking to hold the defense contractor liable for a military veteran's injuries sustained in a 2016 suicide bombing in Afghanistan, saying federal law preempts the state-based injury claims.

Brief attached | Read full article » | Save to favorites »

Fred Meyer Faces $81M Suit Over Anti-Moonlighting Policy

By Ben Adlin

Fred Meyer broke Washington state law in barring nearly 13,000 of its low-wage workers from holding other jobs to make ends meet, according to a proposed class action removed to Seattle federal court.

3 documents attached | Read full article » | Save to favorites »

How 5th Circ.'s NLRB Ruling May Reshape Federal Labor Law

The Fifth Circuit's recent SpaceX National Labor Relations Board decision undermines the agency's authority, but it does not immediately shut down NLRB enforcement, so employers and labor organizations should expect more litigation, more uncertainty and a possible U.S. Supreme Court showdown, say attorneys at Goldberg Segalla.

Read full article » | Save to favorites »

Ruling On Labor Peace Law Marks Shift For Cannabis Cos.

Currently on appeal to the Ninth Circuit, an Oregon federal court’s novel decision in Casala v. Kotek, invalidating a state law that requires labor peace agreements as a condition of cannabis business licensure, marks the potential for compliance uncertainty for all cannabis employers in states with labor peace mandates, say attorneys at Sheppard Mullin.

Opinion attached | Read full article » | Save to favorites »

FTC Actions Highlight New Noncompete Enforcement Strategy

Several recent noncompete-related actions from the Federal Trade Commission — including its recent dismissal of cases appealing the vacatur of a Biden-era noncompete ban — reflect the commission's shift toward case-by-case enforcement, while confirming that the agency intends to remain active in policing such agreements, say attorneys at Debevoise.

4 documents attached | Read full article » | Save to favorites »

7 Document Review Concepts New Attorneys Need To Know

For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.

Read full article » | Save to favorites »

'It's Confidential': Judiciary Chair Mum On Court System Strife

By Jeff Overley

The federal judiciary's leaders heard sharp criticism at a private meeting Tuesday regarding the U.S. Supreme Court's increasing willingness to block lower court decisions, according to remarks released publicly, and one of those leaders subsequently deflected requests for details during an official briefing.

Read full article » | Save to favorites »

Feature

For Cahill Atty, Rare Disease Pro Bono Work Is Personal

By Mark Payne

John MacGregor of Cahill Gordon & Reindel LLP didn't have any experience in healthcare law before taking on a pro bono client that supports people with a rare form of epilepsy. MacGregor's son is one of them.

Read full article » | Save to favorites »

Willkie Taps PE Head To Co-Lead The Firm In 2027

By Andrea Keckley

Willkie Farr & Gallagher LLP announced Tuesday that the nearly decade-long head of its private equity practice will step up to co-lead the firm as its joint chairman at the start of 2027.

Read full article » | Save to favorites »

Sotomayor Warns Civics Undereducation Leads To Bad Laws

By Kevin Penton

Those looking to change the nation's laws first need to understand how they work and why they are in place, U.S. Supreme Court Justice Sonia Sotomayor told a packed auditorium at New York Law School on Tuesday.

Read full article » | Save to favorites »

Analysis

The Patent Workforce Is Attracting Fewer Attys, More Agents

By Theresa Schliep

The pool of patent practitioners registered with the U.S. Patent and Trademark Office has undergone a dramatic shift over the past few decades, with the number of attorneys taking the bar exam decreasing at the same time more patent agents are entering the field.

Read full article » | Save to favorites »

Acting US Atty Denies Prosecution Of Lawmaker Is 'Selective'

By Parker Quinlan

The U.S. Department of Justice has requested that assault charges not be dismissed against U.S. Rep. LaMonica McIver, pushing back on claims the government is selectively prosecuting her following a confrontation with federal agents in May at an Immigration and Customs Enforcement facility in Newark.

Memorandum attached | Read full article » | Save to favorites »

Former Judge Aims To Escape Suit Over Secret Atty Romance

By Ryan Boysen

Former Bankruptcy Judge David R. Jones wants out of a lawsuit claiming his secret romance scandal infected the restructuring of life insurance bond seller GWG Holdings Inc., arguing that he's clearly protected by judicial immunity.

Motion attached | Read full article » | Save to favorites »

Husch Blackwell Used 401(k) Cash To Pay Bills, Ex-Atty Says

By Grace Elletson

A former Husch Blackwell LLP attorney sued the firm in Missouri federal court Tuesday, claiming it violated federal benefits law by delaying sending employees' 401(k) contributions to their retirement plan so that the cash could be used to pay for the firm's operating expenses.

Complaint attached | Read full article » | Save to favorites »

GOP Spending Bill Seeks $58M For Supreme Court, Marshals

By Courtney Bublé

The House Republicans unveiled their short-term spending bill Tuesday, and it includes an extra $28 million for security for the U.S. Supreme Court justices.

2 documents attached | Read full article » | Save to favorites »

Insurer Hits Hall Booth With $10M Suit Over Botched Defense

By Emily Johnson

A former client of Hall Booth Smith PC and its attorney allege the law firm botched its legal representation in an underlying suit related to a death at an indoor shooting range and caused the insurer $10.6 million in financial harm, according to a legal malpractice suit lodged in Georgia state court.

Complaint attached | Read full article » | Save to favorites »

Trump Taps US Atty Nominees For NC, NH And Louisiana

By Courtney Bublé

President Donald Trump has named U.S. attorney nominees for Louisiana, New Hampshire and North Carolina.

Read full article » | Save to favorites »

Ga. Justices Won't Reinstate DA Willis To Trump Election Case

By Kelcey Caulder

The Georgia Supreme Court on Tuesday declined to review a lower court's ruling disqualifying Fulton County District Attorney Fani Willis from the 2020 Georgia election interference case against President Donald Trump and his co-defendants.

Opinion attached | Read full article » | Save to favorites »