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Employment
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July 31, 2025
Hospitals Want To Duck Pharmacy Career Match Program Suit
A professional pharmacy organization and a group of teaching hospitals teed up motions to dismiss Wednesday against proposed class action allegations that they conspired to restrict wages and benefits by funneling new pharmacists through a job-matching program, telling a Maryland federal judge that there's no sign of an agreement.
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July 31, 2025
7th Circ. Says Chemical Co. OK To Stop Paying Union Fund
A chemical distributor was allowed to stop paying into a Teamsters pension fund in 2021, and an Illinois federal judge was wrong to conclude otherwise, the Seventh Circuit said Thursday, reversing a ruling that ordered the company to pay the fund over $365,000.
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July 31, 2025
Ex-FDIC Chair 'Livid' Over Toxic Workplace Claims, OIG Says
An investigation by the Federal Deposit Insurance Corp.'s inspector general has found evidence that former Chair Martin Gruenberg and four unnamed ex-senior officials "personally engaged in some degree of inappropriate workplace conduct," in the latest report on the sexual harassment and toxic workplace scandal that erupted into public view nearly two years ago.
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July 31, 2025
6th Circ. OKs Toss Of Trustee Removal Bid In Union Fund Row
A Sixth Circuit panel on Thursday upheld an Ohio federal court's decision finding that a trade union, three trustees of a union benefit fund, and a fund participant cannot remove two other trustees they accused of self-dealing, saying they failed to show they would face irreparable harm.
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July 31, 2025
NJ Justices Clarify Pension Beneficiary Designation Process
The Garden State's Police and Firemen's Retirement System improperly distributed more than $200,000 in unpaid pension benefits to the estranged spouse of a deceased Newark police officer, the New Jersey Supreme Court ruled Thursday, ordering the money to be redirected to his estate.
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July 31, 2025
Mich. Justices Say Employer Suit Limits Must Be Reasonable
The Michigan Supreme Court held Thursday that employment agreements that limit how much time employees have to sue their employer must be examined for reasonableness before they are enforced by courts.
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July 31, 2025
Wyndham Can't Escape Hotel Workers' Labor Trafficking Suit
Wyndham Hotels & Resorts Inc. can't get out of a lawsuit alleging that two hotels, in West Virginia and western Pennsylvania, forced homeless or desperate people into servitude in exchange for shelter, though a federal judge has trimmed several claims against the company and one hotel's owners.
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July 31, 2025
NJ Town Knocks Out Worker's $1.6M Disability Bias Win
A New Jersey appellate court scrapped a $1.6 million verdict Thursday for a township employee who said she was discriminated and retaliated against for taking leave to treat her anxiety, ruling the evidence presented at trial didn't justify the damages award.
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July 31, 2025
Seattle Sues Trump Administration Over Anti-DEI Grant Terms
The city of Seattle sued the Trump administration in Washington federal court on Thursday, targeting two executive orders that require federal funding recipients to adopt the president's stances on diversity efforts and gender or risk losing money for a range of critical causes.
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July 31, 2025
Witness' Use Of 'Fraud' Doesn't Cancel TV Sports Exec's Verdict
The First Circuit rejected arguments by a former executive at the cable channel for the Boston Red Sox and Boston Bruins that a witness' use of the word "fraud" and testimony about his lavish spending tainted the jury that convicted him of a fake invoice scheme.
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July 31, 2025
6-Atty Cohen Vaughan Team Joins Goldberg Segalla In Philly
A team of six attorneys has left the recently launched Cohen Vaughan LLP to join Goldberg Segalla as they seek a better fit for their employment and civil litigation practices following the retirement of their former leader.
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July 31, 2025
Honeywell Ex-GC Claims Age Bias Led To Firing At 55
A Honeywell International Inc. former vice president and general counsel accused the Charlotte-based conglomerate of age discrimination, telling a North Carolina federal court that she was fired for turning 55.
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July 31, 2025
ABA Seeks To Toss Race Bias Suit Over Scholarship Program
The American Bar Association urged an Illinois federal court to throw out a lawsuit from The American Alliance for Equal Rights alleging the association's Legal Opportunity Scholarship Fund constitutes race-based discrimination, arguing that the claims are simply a "'desire to vindicate' a particular 'view of the law.'"
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July 31, 2025
Mich. Home Caregivers Ask State Court To Stop Union Vote
Two Michigan laws that classify home caregivers as public employees who can unionize violate the First Amendment, caregivers alleged in a complaint, urging a state court to issue an injunction preventing the certification of a union representation election.
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July 31, 2025
Firefighter Says Military Service Cost Her Pay, Opportunities
The Jersey City, New Jersey, fire department shorted a firefighter on pay and pension benefits while she was out on military leave and deprived her of opportunities upon her return to work, according to a lawsuit filed in state court.
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July 31, 2025
Dept. Head Ends Claim Of Being Forced To Work After Injuries
Scientific Systems Company Inc., a Massachusetts-based military contractor, and a former department head have agreed to dismiss a Connecticut federal employment discrimination lawsuit that claimed the company forced its ex-employee to work with a spinal injury and broken fingers after he fell during a travel assignment.
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July 31, 2025
Rising Star: Proskauer's Rachel Fischer
Proskauer Rose's Rachel Fischer has successfully defended high-profile clients such as Fox News in a former producer's sexual harassment and assault suit and the MLB in an umpire's race discrimination suit, earning her a spot among the employment practitioners under age 40 honored by Law360 as Rising Stars.
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July 31, 2025
NC Judge Questions Barings' Bid For Ex-Employees' Emails
A North Carolina business court judge seemed leery Thursday of forcing former Barings' employees to fork over their personal emails and text messages as part of a deposition notice, suggesting Barings was trying to bypass U.K. law to get information from a foreign witness in its suit alleging former executives conducted a "corporate raid" to start a competing credit platform.
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July 31, 2025
6th Circ. Doubts Union Failed Fire Chief Accused Of Threats
A federal appellate panel appeared unlikely based on oral arguments Thursday to revive a suit by a former fire chief at a Michigan paper mill who allegedly threatened coworkers but claimed that the United Steelworkers shirked its representation duties by failing to fight the company's decision to fire him.
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July 31, 2025
J&J Fired Sales Worker Who Reported Pay Issue, Suit Says
Johnson & Johnson wrongly credited a former executive sales representative's sales to another worker, leading to lost earned commissions, and then fired him once he complained, the former employee said in a suit in Texas federal court.
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July 30, 2025
DOJ Flags 'Unlawful Discrimination' To Gov't Fund Recipients
The U.S. Department of Justice has outlined what it considers "unlawful discrimination" that federal funding recipients must avoid, including diversity, equity and inclusion programs, transgender athletes and "proxy" discrimination of assessing a job applicant's "cultural competence."
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July 30, 2025
Judge Presses Both Sides On Denver Wage Ordinance Fight
A Colorado federal judge had a slew of questions Wednesday for attorneys regarding competing motions for dismissal and summary judgment in two employment companies' case against the city and county of Denver alleging officials overstepped in their attempt to audit wage violations.
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July 30, 2025
Newmark Seeks Del. Nod For Ex-Broker Equity Sanctions
Global commercial real estate giant Newmark Holdings Inc. has sued for a Delaware Court of Chancery declaratory judgment confirming cancellation of cash, stock or restricted shares potentially earned by a Midwest contractor and his company, alleging secret handoffs of prospects and deals to a competitor.
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July 30, 2025
9th Circ. Tells DOL To Hand Over Workforce Data To Reporters
The Ninth Circuit said Wednesday that the U.S. Department of Labor must release federal contractor demographic reports to the Center for Investigative Reporting, backing a lower court's order that the data can't be concealed from the public under the concern that it contains commercial information.
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July 30, 2025
Mich. Appeals Panel Settles Split On Notice Rule Retroactivity
A special Michigan Court of Appeals panel said on Tuesday that a state high court ruling enforcing a notice requirement for lawsuits against the state is retroactive, resolving a conflict within the intermediate appellate court and upholding the dismissal of a correction worker's suit.
Expert Analysis
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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DOJ Immigration Playbook May Take Cues From A 2017 Case
A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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How Justices Rule On Straight Bias May Shift Worker Suits
Following oral argument at the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, in which a heterosexual woman sued her employer for sexual orientation discrimination, the forthcoming decision may create a perfect storm for employers amid recent attacks on diversity, equity and inclusion, say attorneys at Proskauer.
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.
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PG&E Win Boosts Employers' Defamation Defense
A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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Explaining CFPB's Legal Duties Under The Dodd-Frank Act
While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the CFPB in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Employer Tips To Navigate Cultural Flashpoints Investigations
As companies are increasingly flooded with complaints of employees violating policies related to polarizing social, cultural or political issues, employers should beware the distinct concerns and increased risk in flashpoints investigations compared to routine workplace probes, say attorneys at Seyfarth.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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A Path Forward For Employers, Regardless Of DEI Stance
Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.