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Employment
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July 17, 2025
Seminary Can't Fight Ministerial Exemption Order At 3rd Circ.
A Pennsylvania federal judge rejected a Pittsburgh Presbyterian seminary's request to immediately appeal a ruling that the so-called ministerial exception doesn't bar a former interim director's sex discrimination suit, though the judge expanded upon her rationale for reaching that conclusion.
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July 17, 2025
COVID Fraudster Says State Can't Rescind Firefighter Pension
A former Connecticut firefighter who pled guilty in relation to a West Haven COVID-19 relief fund scam says he should keep the pension he earned through 26 years of service in a neighboring city, arguing his crime bore no connection to his onetime employment and did not breach his union contract.
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July 17, 2025
FedEx Must Face Drivers' OT Suit After Sanctions Bid Fails
A Massachusetts federal judge on Thursday denied FedEx's motion for sanctions seeking to dismiss one of several overtime lawsuits filed on behalf of drivers who worked for the shipping giant through intermediary employers, rejecting the company's assertion that the litigation seeks to "harass FedEx into settlement."
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July 17, 2025
11th Circ. Says Ex-Quest Diagnostics Worker's FCA Suit Fails
The Eleventh Circuit declined to revive a former Quest Diagnostics Inc. compliance officer's False Claims Act suit against the lab testing company, ruling she had failed to allege a specific claim of medical billing fraud after some 15 years of litigation.
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July 17, 2025
Stanford Trims Roche IP Suit, But Others Face Most Claims
Stanford University was let out of all but one claim brought by subsidiaries of F. Hoffmann-La Roche AG over alleged trade secret theft, but a California federal judge allowed most claims to move forward against several Stanford professors and a startup they founded.
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July 17, 2025
UMich Dental School Defeats Professor's PPE Retaliation Suit
A federal judge on Thursday tossed a former dentistry professor's lawsuit claiming he was fired for complaining about overheating from gowns faculty and staff were required to wear in University of Michigan's dental clinic as a COVID-19 precaution.
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July 17, 2025
Justices' 'Tea Leaves' Don't OK Illegal FTC Firing, Court Says
A D.C. federal judge ordered the restoration of a fired Federal Trade Commission Democrat's job Thursday, setting up a D.C. Circuit clash that could go to the U.S. Supreme Court on her conclusion that President Donald Trump violated a law permitting the termination of FTC members only for cause.
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July 17, 2025
Mortgage Cos.' Wage Deal OK'd Without Waiver Language
A settlement resolving an overtime suit by former mortgage company workers will move forward, but without language saying the company's owners and its successor waived certain defenses against a former co-owner in his separate New Jersey state court case, a federal judge ruled.
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July 17, 2025
6th Circ. Says VA Nurse's Firing Wasn't Motivated By Age
The Sixth Circuit on Thursday upheld the dismissal of a former Veterans Affairs nurse's age discrimination suit, finding that the worker was fired for repeatedly flouting her supervisor's instructions rather than because of age discrimination.
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July 17, 2025
Mass. Cities Seek Order Forcing Trash Hauler To Honor Pacts
Nearly three weeks after Republic Services workers went on strike, six Massachusetts communities went to court Thursday seeking an order compelling the trash hauler to immediately address what they say is a public health nuisance.
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July 17, 2025
Tax Auditor's Disability Bias Suit Dismissed For Late Filing
A federal judge tossed a tax auditor's suit claiming a North Carolina county yanked her intermittent leave disability accommodation for health flare-ups that made it hard to drive to work, rejecting her bid to toll the statute of limitations due to a lawyer's bad advice.
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July 17, 2025
5th Circ. Won't Reinstate Fired Officer's Age Bias Fight
The Fifth Circuit refused to reopen a former deputy constable's lawsuit alleging that a Texas county fired him because he was a middle-aged man, ruling Thursday that it found no reason to disturb a lower court's dismissal of the case.
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July 17, 2025
Firm Seeks NC Top Court's Take On Ex-Partner's Benefits Fight
Cranfill Sumner LLP asked North Carolina's top court on Thursday to take up its case challenging a former partner's workers' compensation award, saying a lower court made a mistake in ruling his equity stake in the firm doesn't offset the amount he's owed.
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July 17, 2025
Healthcare Co.'s Revised $120K Wage Deal Gets Green Light
A Connecticut-based healthcare company and its workers can move forward with their second attempt at a wage and hour settlement agreement, a Connecticut federal judge has ruled, finding that the new terms fix concerns he raised over the release of claims when rejecting the initial deal.
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July 17, 2025
CFTC Restructures Enforcement Division Amid Layoffs
The Commodity Futures Trading Commission plans to lay off around two dozen staff members and has restructured its enforcement division by eliminating some management positions, a person familiar with the matter told Law360 Thursday.
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July 17, 2025
UCLA Football Player Latest To Sue NCAA For Eligibility
A football player hoping to play at the University of California, Los Angeles, next season is the latest to join the ranks of athletes challenging the NCAA over its eligibility rules, claiming they restrict competition and impact players' ability to profit off their talent.
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July 17, 2025
Israel Criticism Isn't Antisemitism, Judge Tells DOJ Lawyers
A Massachusetts federal judge overseeing a free speech trial over deportation actions targeting pro-Palestinian students and faculty said Thursday that "criticism of the state of Israel is not antisemitism," and that even the most "vile" statements, absent threats or violence, are protected by the First Amendment.
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July 17, 2025
Colo. Judge Tosses Fertilizer Workers' 'Vague' Wage Suit
A composting company and its owner can exit an overtime suit brought by two former employees, a Colorado federal magistrate judge has ruled, finding that the ex-workers didn't bring enough evidence to back their claims.
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July 17, 2025
Calif. Supreme Court Won't Look At Meal-Break Waivers
The California Supreme Court declined to weigh in on a case in which veterinarians claimed that the prospective waivers from state meal-break requirements that an operator of veterinary hospitals rolled out were illegal, leaving undisturbed a panel's decision in favor of the hospitals.
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July 17, 2025
Dementia Society Settles 'Spying' Lawsuit By Ex-Workers
The Dementia Society has settled a privacy lawsuit by former employees who claimed the organization spied on them by putting listening devices in their workspaces, according to a court order.
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July 17, 2025
Paralegal Fights Saltz Mongeluzzi's Bid To Dismiss Bias Suit
Personal injury firm Saltz Mongeluzzi & Bendesky PC shouldn't escape an Afro-Latina former paralegal employee's lawsuit claiming she was forced to put up with colleagues' racist remarks and sexual advances, the worker told a Pennsylvania federal court Wednesday, arguing her allegations are detailed enough for the suit to advance.
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July 17, 2025
Trump Picks Two For NLRB, Setting Up Return Of Quorum
President Donald Trump announced his choices Thursday of an in-house counsel at Boeing and a longtime National Labor Relations Board official to fill two long-standing vacancies on the board, setting up confirmations that would restore a quorum on the NLRB.
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July 16, 2025
PR Consultant Wins Exit From Lively's 'It Ends With Us' Suit
A New York federal judge Wednesday dismissed a public relations consultant and his company from actress Blake Lively's lawsuit that accuses her "It Ends With Us" co-star and director, Justin Baldoni, of sexual harassment on set and trying to orchestrate a public relations campaign to "destroy" her reputation.
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July 16, 2025
Union Pension Fund Says Cos. Can't Get Fees In ERISA Row
A Tennessee federal judge should deny two companies' "extraordinary" request for a union pension fund to cover their attorney fees in an Employee Retirement Income Security Act dispute, the union argued Wednesday, saying the section of ERISA the lawsuit was lodged under doesn't allow for attorney fee awards.
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July 16, 2025
Bojangles Managers Ask To Redo Cert. After 4th Circ. Setback
Managers at the fast-food chain Bojangles asked a North Carolina federal judge Wednesday to certify more than a dozen subclasses in their wage and hour case, arguing that there's still a path forward after the Fourth Circuit sent them back to the drawing board on certification.
Expert Analysis
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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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.