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Employment
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September 18, 2025
NY Judge Closes Warehouse Workers' Unpaid Wages Suit
A New York federal judge on Thursday dismissed a proposed class action for unpaid wages brought on behalf of Parts Authority warehouse employees after two staffing companies offered to pay $230,000 to end the suit.
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September 18, 2025
7th Circ. Judge Wary Of Ex-Firefighter's Free Speech Position
A Seventh Circuit judge on Thursday said an attorney for a former Chicago firefighter seeking to revive a suit claiming he was unlawfully fired for a series of memes and other statements posted on Facebook seemed to be making a "hyperbolic" argument that public employers cannot regulate speech outside the workplace.
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September 18, 2025
Feds Hit With Protest Over Project Labor Deal Requirement
A joint venture sued the federal government in the U.S. Court of Federal Claims, saying the Navy's requirement that companies enter into a project labor agreement with a labor union to be considered for a construction project contract violated federal law.
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September 18, 2025
NC Judge Trims Feud Over Middle School Dance Team Name
The parties fighting over the rights to the name of a youth dance team were urged by a North Carolina federal judge on Thursday to resolve the disagreement on their own, after he streamlined the claims against each other and admonished them for the lengths they already have traveled to secure the team name.
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September 18, 2025
Former NRA President's Suit Split, Partially Moved To Va.
A lawsuit by the former president of the National Rifle Association alleging breach of contract against the gun rights organization was split by a federal judge Thursday, with Florida state law claims being kept in the Sunshine State and its contract-related claim moved to Virginia.
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September 18, 2025
Microsoft Whistleblower Suit Can Proceed, Judge Says
A former Microsoft worker can keep pursuing his federal whistleblower claim in his suit accusing the company of firing him for flagging compliance issues and misconduct, a Texas federal court ruled in its order determining the employee's alleged failure to utilize administrative proceedings does not bar him from bringing the claims.
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September 18, 2025
Wells Fargo To Pay $48.5M To End Senior Banker OT Suit
A proposed class of Wells Fargo employees known as "senior premier bankers" asked a California federal judge to give the first OK to a $48.5 million settlement resolving claims that the bank wrongfully exempted thousands of such workers from receiving overtime pay.
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September 18, 2025
AI Firm's Ex-CTO Barred From Using Trade Secrets
A Washington federal judge has barred an artificial intelligence startup's former chief technology officer from using trade secrets to hurt the company, making disparaging statements about it or contacting the company's current or prospective customers.
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September 18, 2025
Apple Affiliate Can't Ax Classes After Wage Trial, Court Told
An Apple-affiliated repair company cannot undo five classes in a wage and hour suit that snagged a nearly $840,000 win for employees, the workers told a North Carolina federal court, arguing the company's decertification request is a "Hail Mary" attempt to delay its appeal.
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September 18, 2025
Senate Confirms Trump's Pick To Lead DOL Benefits Arm
The Senate confirmed fiduciary liability insurance expert Daniel Aronowitz on Thursday to lead the U.S. Department of Labor's employee benefits division, which oversees regulation and enforcement of employer-provided health and retirement plans.
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September 18, 2025
Medical Staffing Co. Trustee Says Ex-Execs Drained Funds
The liquidation trustee for bankrupt medical staffing company American Physician Partners has told a Delaware bankruptcy judge that former top executives drained the company with millions in unauthorized bonus payments and "made-up" consultation fees.
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September 18, 2025
Calif. County Deputy DA Loses Free Speech Retaliation Suit
A California federal judge has tossed a retaliation suit from a former Santa Clara County, California, deputy district attorney.
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September 18, 2025
Dallas Fed Settles Former Employee's Race Bias Case
The Federal Reserve Bank of Dallas resolved an Indian ex-employee's lawsuit alleging he was let go for complaining to management that he and other employees of color received unfair poor performance ratings from a white supervisor, according to a Thursday filing in Texas federal court.
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September 18, 2025
Jay-Z, Buzbee Conspiracy Suits Sent To Texas State Court
A Texas federal judge has sent two conspiracy lawsuits brought by clients of Texas personal injury attorney Tony Buzbee against Shawn "Jay-Z" Carter's company Roc Nation and his attorneys back to state court in Houston, finding the court lacks jurisdiction in the case despite the defendant's argument that law firm Quinn Emanuel Urquhart & Sullivan LLP was "improperly joined."
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September 18, 2025
Jackson Lewis Lands 2 Principals From Stokes Wagner
Jackson Lewis PC announced Thursday that it has hired two former Stokes Wagner attorneys as principals in two of its California offices to bolster the employment law services it offers its clients.
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September 18, 2025
11th Circ. Appears Poised To Back MetLife Benefits Denial
The Eleventh Circuit seemed unpersuaded Thursday by a push to overturn MetLife's denial of death benefits to a worker who died days after she broke her leg and ankle exiting a vehicle, with judges zeroing in on plan language that barred coverage when contributing illnesses were involved.
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September 18, 2025
1st Circ. Won't Lift Block On HHS Job, Program Cuts
The First Circuit on Wednesday rejected a bid by the Trump administration to let it move ahead with cutting 10,000 jobs and end a number of programs at the U.S. Department of Health and Human Services while it appeals a Rhode Island federal judge's order temporarily barring the plan.
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September 18, 2025
DOJ Seeks Rehearing On Copyright Chief's Reinstatement
The federal government has asked the D.C. Circuit to rethink its decision to temporarily reinstate the head of the U.S. Copyright Office who was fired by President Donald Trump, saying the president has the authority to remove the copyright chief because the position is part of the executive branch.
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September 18, 2025
Mich. Justices Won't Delay Arguments Amid Shutdown Worry
The Michigan Supreme Court on Wednesday said it would not push back oral arguments for two cases up to be heard next month, despite the state Attorney General's Office's concerns that their counsel wouldn't be able to participate because of a potential government shutdown.
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September 18, 2025
Ex-Harvard Worker Says 'Personal Time' Subject To Wage Law
A former Harvard University employee says the nation's oldest college is wrongfully withholding accrued but unused "personal time" from departing workers, in a proposed class action filed in Massachusetts state court.
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September 18, 2025
Trump Asks High Court To Let Him Remove Fed's Cook
President Donald Trump asked the U.S. Supreme Court on Thursday to allow him to move forward with firing Federal Reserve Gov. Lisa Cook, escalating a fight over presidential removal power that will test the boundaries of the central bank's traditional independence.
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September 18, 2025
IRS Leaked Private Info To News Outlets, Agency Official Says
An IRS official serving as head of the agency's Large Business and International Division who was placed on leave accused the agency of unlawfully leaking information on her employment status to news outlets including Fox News and Bloomberg, according to a complaint filed Thursday in D.C. federal court.
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September 17, 2025
Litigation Spending To Keep Growing As Biz Risks Run High
Companies are likely to increase their spending on litigation next year, some by over 10%, as legal disputes become more complex, more contentious and more high-stakes, according to a new report out Thursday.
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September 17, 2025
Disney's $233M Deal In Living Wage Suit Gets Final OK
A California state court has granted final approval of Walt Disney Co.'s $233 million settlement with more than 51,000 Disneyland workers who accused the entertainment company of flouting the city of Anaheim's minimum wage ordinance, handing the workers' lawyers $35 million in attorney fees.
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September 17, 2025
J&J Whistleblowers Defend $1.6B False Claims Act Win
Whistleblowers filed a brief Wednesday in the Third Circuit in a closely watched False Claims Act appeal involving a $1.6 billion judgment against Johnson & Johnson unit Janssen as well as the constitutionality of the FCA's "qui tam" whistleblower provisions, arguing that the act's lawfulness has been settled by its "unbroken 162-year history."
Expert Analysis
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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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A Rapidly Evolving Landscape For Noncompetes In Healthcare
A wave of new state laws regulating noncompete agreements in the healthcare sector, varying in scope, approach and enforceability, are shaped by several factors unique to the industry and are likely to distort the market, say attorneys at Seyfarth.
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Protecting Workers Amid High Court-EEOC Trans Rights Rift
In Ames v. Ohio Department of Youth Services and U.S. v. Skrmetti, the U.S. Supreme Court clarified that Title VII protects employees from discrimination based on sexual orientation and gender identity, so employers should still protect against such discrimination despite the U.S. Equal Employment Opportunity Commission's unclear position, says Ally Coll at the Purple Method.
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Arguing The 8th Amendment For Reduction In FCA Penalties
While False Claims Act decisions lack consistency in how high the judgment-to-damages ratio in such cases can be before it becomes unconstitutional, defense counsel should cite the Eighth Amendment's excessive fines clause in pre-trial settlement negotiations, and seek penalty decreases in post-judgment motions and on appeal, says Scott Grubman at Chilivis Grubman.
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What 9th Circ. Cracker Barrel Ruling Means For FLSA Cert.
The Ninth Circuit's decision in Harrington v. Cracker Barrel suggests a settling of two procedural trends in Fair Labor Standards Act jurisprudence — when to issue notice and where nationwide collectives can be filed — rather than deepening circuit splits, says Rebecca Ojserkis at Cohen Milstein.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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How Latest High Court Rulings Refine Employment Law
The 2024-2025 U.S. Supreme Court term did not radically rewrite employment law, but sharpened focus on textual fidelity, procedural rigor and the boundaries of statutory relief, say attorneys at Krevolin & Horst.
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Lively-Baldoni Saga Highlights Insurance Coverage Gaps
The ongoing legal dispute involving "It Ends With Us" co-stars Justin Baldoni and Blake Lively raises coverage questions across various insurance lines, showing that effective coordination between policies and a clear understanding of potential gaps are essential to minimizing unexpected exposures, says Katie Pope at Liberty Co.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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Challenging A Class Representative's Adequacy And Typicality
Recent cases highlight that a named plaintiff cannot certify a putative class action unless they can meet all the applicable requirements of the Federal Rules of Civil Procedure, so defendants should consider challenging a plaintiff's ability to meet typicality and adequacy requirements early and often, say attorneys at Womble Bond.
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Age Bias Ruling Holds Harassment Policy Lessons
A Kansas federal court's recent decision in Holman v. Textron Aviation, rejecting an employee's assertion that his termination for failing to report harassment was pretextual and due to age bias, provides insight into how courts analyze whether actions are pretextual and offers lessons about enforcing anti-harassment policies, say attorneys at Ogletree.
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Opinion
Juries Are Key In Protecting The Rule Of Law
Absent from the recent discourse about U.S. rule of law is the crucial role of impartial jurors in protecting the equitable administration of justice, and attorneys and judges should take affirmative steps to reverse the yearslong decline of jury trials at this critical moment, says consultant Clint Townson.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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What Employers Can Learn From Axed Mo. Sick Leave Law
Missouri's recent passage and brisk repeal of Proposition A, which would have created a paid sick time benefit for employees, serves as a case study for employers, highlighting the steps they can take to adapt as paid sick leave laws are increasingly debated across the country, say attorneys at Foley & Lardner.
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Tips For Managing Social Media And International Travel Risks
Employers should familiarize themselves with the legal framework governing border searches and adopt specific risk management practices that address increasing scrutiny of employees’ social media activities by immigration enforcement, say attorneys at Thompson Hine.