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Employment
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September 04, 2025
NC Panel Reopens 13 Asbestos Cases Against Tire-Maker
A split panel in a North Carolina state appeals court has revived more than a dozen workers' compensation cases linked to alleged asbestos exposure at a Continental Tire factory, finding the individual claimants are not bound by the results of bellwether cases.
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September 04, 2025
5th Circ. Seems Open To United Workers' COVID Vax Class
The Fifth Circuit wrestled Thursday with allowing a group of United Airlines employees to pursue classwide claims that they were illegally forced to take unpaid leave after seeking exemptions from the company's COVID-19 vaccine mandate, with two judges appearing receptive to letting a certification order stand.
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September 04, 2025
Settlement Reached In Harassment Suit Against Fox Sports
A lawsuit accusing prominent figures at Fox Sports of sexual harassment — including an allegation that popular host Skip Bayless offered $1.5 million for sex — has been dismissed by a California state judge after a hairstylist who formerly worked for the network reached a settlement with Fox Sports and the personalities.
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September 04, 2025
Why The Harvard Funding Case Is 'Clear As Mud' On Appeal
A sweeping Harvard University victory in a suit challenging President Donald Trump's block on $2.2 billion in grant funding tees up a high-stakes appeal that experts say may turn on a wonky jurisdictional issue on which the U.S. Supreme Court seems to lack any sort of consensus.
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September 04, 2025
Wash. Justices Endorse Broad View Of Pay Transparency Law
Washington state's high court held in a 6-3 ruling Thursday that a job applicant may sue a prospective employer for violating a state law requiring job postings to include wage scales without proving they are a "bona fide" or "good faith" applicant, rejecting employers' bid to narrow that definition amid a wave of lawsuits.
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September 04, 2025
Albertsons Says Kroger CEO Docs Fair Game In Del. Suit
An attorney for Albertsons Companies Inc. told a Delaware vice chancellor Thursday the food and drugstore giant should get access to The Kroger Co.'s documents related to CEO Rodney McMullen's abrupt exit from the job months after the collapse of the two companies' planned $25 billion merger.
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September 04, 2025
1st Circ. Finds 'Just Enough' Evidence For USPS Bias Trial
The First Circuit on Thursday breathed new life into a former U.S. Postal Service worker's case alleging she was skipped over for promotion because of her sex, concluding that her interviewer's remark about the feasibility of a woman in the job raises "serious questions."
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September 04, 2025
11th Circ. Buries Ex-Atlanta Worker's Harassment Suit
The Eleventh Circuit won't revive a former city of Atlanta worker's suit alleging she was harassed and fired after reporting sexual harassment from a co-worker, a three-judge panel has decided, finding that she offered "no evidence" that her termination wasn't because of her refusal to return to work after months away.
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September 04, 2025
DC Circ. Probes NLRB's 'Successor' Bar After Loper Remand
A D.C. Circuit panel pressed a National Labor Relations Board attorney Thursday to identify the board's legal basis for its so-called successor bar in a case that asks the court to ponder its deference to the NLRB following last year's U.S. Supreme Court ruling scaling back courts' respect for agencies' views.
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September 04, 2025
5th Circ. Panel Presses NLRB Over 'Menu Of Remedies'
A Fifth Circuit judge pushed counsel for the National Labor Relations Board to explain why make-whole remedies should cover things like late fees on credit cards or child care costs, asking Thursday if the agency wished to put companies out of business.
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September 04, 2025
Ex-CEO Should Start Sentence For Tax Crimes, Court Told
A former software executive convicted of failing to pay employment taxes should not be allowed again to delay reporting to prison, the government told a North Carolina federal court Thursday, saying the man's new dental issues weren't serious enough to stop him from beginning his sentence.
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September 04, 2025
Top NIH Scientists Allege Retaliation For Defending Vaccines
Two prominent infectious disease scientists have filed whistleblower complaints with the U.S. Office of Special Counsel, claiming illegal retaliation by the Trump administration for challenging administrative actions, including those they believed undermined vaccine efficacy and endangered public safety.
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September 04, 2025
2nd Circ. Says Prison Violated Tribal Rights Of Two Inmates
Two Native American inmates can pursue their First Amendment claims against Connecticut prison officials after they were barred from participating in sweat lodge and smudging ceremonies, the Second Circuit determined, saying there was no penological justification for the request denials.
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September 04, 2025
Employee Deposition Redo Ordered In Kimberly-Clark Bias Suit
The attorney for a former Kimberly-Clark employee pursuing discrimination claims against the paper goods company must foot the bill for his client's makeup deposition after he repeatedly violated court rules in the first interview, an Alabama federal judge has ruled.
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September 04, 2025
DOL Details Independent Contractor, Joint Employer Plans
The U.S. Department of Labor is planning to undo an independent contractor rule and potentially put in place guidance on joint employer liability, among other updates, according to a regulatory agenda unveiled Thursday. Here’s a look at the wage and hour actions in the agenda.
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September 04, 2025
Apple Affiliate Wants To Untie Classes After Wage Verdict
A Fourth Circuit decision undoing classes of Bojangles managers is a significant change of law that should dismantle five classes in a wage and hour suit that snagged $839,000 from an Apple-affiliated repair company, the company told a North Carolina federal court.
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September 04, 2025
Unions Defend Challenge To Federal Work Safety Agency Cuts
Unions representing nurses, teachers, miners and factory workers have asked a Washington, D.C., federal judge to preserve their challenge to the Trump administration's cuts to the National Institute of Occupational Safety and Health, saying they have standing to sue because they "rely on NIOSH's lifesaving work."
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September 04, 2025
PBM Rule Included In DOL Benefits Arm's Regulatory Update
The U.S. Department of Labor's employee benefits arm detailed several new regulations in the works Thursday, including a new fee disclosure rule involving pharmacy benefit managers and plans to revisit retirement plan fiduciary investment advice regulations, according to the administration's latest regulatory update.
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September 04, 2025
Appliance Co. Avoids EEOC Suit Over Worker's Long COVID
A Colorado federal judge tossed a U.S. Equal Employment Opportunity Commission suit claiming an appliance retailer illegally fired a worker who requested more medical leave to treat her long COVID, ruling the agency failed to show how she made a formal accommodation request.
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September 04, 2025
Purdue Pharma Approved For $17.5M In Ch. 11 Bonus Plans
Bankrupt pharmaceutical company Purdue Pharma LP received approval from a New York judge Thursday to pay more than $17.5 million in employee bonuses, mirroring the bonus structures of the last few years since the company commenced its Chapter 11 case.
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September 04, 2025
NFL, Broncos Want Ex-Player's Reshuffled Weed Suit Tossed
A former NFL player's deletion of references to the league's collective bargaining agreement should not save his suit against the NFL over his punishment for violating its substance abuse policy, the league and his former team told a Colorado federal judge in a bid to drop the suit.
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September 04, 2025
EEOC Hit With LGBTQ+ Bias Charge From Ex-Official
The U.S. Equal Employment Opportunity Commission's walkback on enforcing sexual orientation and gender identity discrimination protections has fostered a hostile environment for LGBTQ+ people within the agency, a former commission senior official said in a discrimination charge announced Thursday.
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September 04, 2025
Fisher Phillips Hires Liff Walsh Employment Group Leader
The former leader of Liff Walsh & Simmons' employment and labor practice, who worked as a counselor to the solicitor of the U.S. Department of Labor and in several other public service roles, has joined Fisher Phillips as a partner in Washington, D.C.
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September 03, 2025
TikTok, Chinese Co.'s $845M IP Fight Heads To October Trial
A California federal judge refused to fully grant TikTok Inc. summary judgment or a terminating-sanctions win in a Chinese company's $845 million lawsuit accusing the social media giant of stealing video-editing tool trade secrets and infringing its copyrights, finding that the dispute must go to an October jury trial.
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September 03, 2025
7th Circ. Backs AbbVie's Win Against Ex-Sales Rep's FCA Suit
The Seventh Circuit declined to revive a former AbbVie employee's False Claims Act retaliation suit alleging he faced repercussions for refusing to push Vraylar's off-label use to treat major depressive disorder, ruling Wednesday he didn't put AbbVie on notice that he reasonably believed it was defrauding the government.
Expert Analysis
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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What The Minimum Wage Shift Means For Gov't Contractors
While President Donald Trump's recent executive order rescinding a 2021 increase to the federal contractor minimum wage is welcome relief to some federal contractors and settles continued disagreement about its legality, there remains significant uncertainty and pitfalls over contractor wage obligations, say attorneys at Polsinelli.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Defense Strategies After Justices' Personal Injury RICO Ruling
In Medical Marijuana v. Horn, the U.S. Supreme Court recently held that the Racketeer Influenced and Corrupt Organizations Act can be invoked by some plaintiffs with claims arising from personal injuries — but defense counsel can use the limitations on civil RICO claims to seek early dismissal in such cases, say attorneys at Debevoise.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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6 Ways The Dole Act Alters USERRA Employment Protections
The recently passed Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act continues a long-standing trend of periodically increasing the scope of the Uniformed Services Employment and Reemployment Rights Act, expanding civilian employment rights for service members and veterans with some of the most significant changes yet, say attorneys at Littler.
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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7 Things Employers Should Expect From Trump's OSHA Pick
If President Donald Trump's nominee to lead the Occupational Safety and Health Administration is confirmed, workplace safety veteran David Keeling may focus on compliance and assistance, rather than enforcement, when it comes to improving worker safety, say attorneys at Fisher Phillips.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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TikTok Bias Suit Ruling Reflects New Landscape Under EFAA
In Puris v. Tiktok, a New York federal court found an arbitration agreement unenforceable in a former executive's bias suit, underscoring an evolving trend of broad, but inconsistent, interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, say attorneys at Williams & Connolly.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.