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Employment
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June 05, 2025
Attorney's FMLA Suit Against Va. City Headed To Trial
A former Virginia city assistant attorney's Family and Medical Leave Act suit against the chief city prosecutor will head to trial, a federal judge said Thursday, ruling that there is an open question over whether firing the attorney was a pretext to not grant a leave request.
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June 05, 2025
Pa. City's Receiver Asks Court To Rein In Stormwater Board
The receiver for the bankrupt city of Chester, Pennsylvania, told a state court Thursday that the city-created stormwater authority and its board of directors violated their charter and state law by expanding the board and paying the elected officials who were on it.
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June 05, 2025
NJ Justices To Take Look At Boys & Girls Club Abuse Claims
Garden State justices have agreed to hear whether New Jersey courts have jurisdiction over the alleged sexual abuse in the 1970s and '80s by a counselor for the Hudson County chapter of the Boys & Girls Clubs of America, according to a court order.
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June 05, 2025
4th Circ. Won't Revive Ex-Fire Captain's Free Speech Suit
The Fourth Circuit refused to reopen a former Lynchburg, Virginia, fire captain's suit alleging he was unconstitutionally fired for social media posts that citizens called transphobic and racist, ruling Thursday that he failed to show why the city should be held liable.
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June 05, 2025
Actors Ask 9th Circ. To Revive SAG Vax Mandate Fight
SAG-AFTRA members urged the Ninth Circuit on Thursday to revive their claims that the union betrayed them by allowing studios to impose COVID-19 vaccine mandates against members with medical and religious objections, arguing that the state claims aren't preempted and "not everything that involves these guilds is a federal matter."
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June 05, 2025
No Injunction Or Remand In Marine's Vape Discharge Dispute
A Court of Federal Claims judge denied a former U.S. Marine Corps air traffic control officer's bid for an injunction as he challenges his discharge for allegedly using a prohibited vape, saying the court lacks the power to prevent the government from releasing "disparaging" information.
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June 05, 2025
Auto Co. Workers Say Past Cases Back Class Wage Claims
Six recent decisions back up workers' class and collective claims accusing an automobile parts company of shorting them on wages, the former employees told a North Carolina federal court Thursday, saying the cases show they didn't miss their window to bring the allegations.
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June 05, 2025
Fired Tesla Worker Drops Class Claims In Favor Of PAGA Case
A Tesla worker booted amid mass layoffs last year told a California federal judge that under a deal struck with the automaker, he'll drop his putative class action wage and notice claims to pursue most of the same causes of action in state court under the Private Attorneys General Act.
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June 05, 2025
Colo. Judge Certifies Cannabis Grower's Class In OT Suit
A Colorado federal judge has certified a collective class action against a cannabis manufacturer accused by one of its ex-employees of skirting state and federal law to avoid paying employees overtime premiums.
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June 05, 2025
CVS Sued Over Health Plan's Tobacco, Spousal Surcharges
A CVS employee brought the pharmacy retailer into California state court Wednesday alleging in a proposed class action it discriminatorily imposes illegal surcharges to its health insurance participants who use tobacco or want to add their spouses to their plans as dependents, in violation of state and federal benefits laws.
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June 05, 2025
Copyright Office Says Registration Delay Had No Legal Impact
The U.S. Copyright Office said Thursday that a two-week pause on issuing registration certificates last month after its leader was fired did not adversely affect any claimant's rights.
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June 05, 2025
NC Pathology Practice Faces Class Claims Over Data Breach
A North Carolina pathology practice got hit with a proposed class action over a January data breach that allegedly exposed the personal information of 235,000 people to the cybercriminals who exploited what the complaint said were the practice's lacking security measures.
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June 05, 2025
La. Track Athlete Latest To Challenge NCAA Eligibility Rules
A graduate student at Southeastern Louisiana University has told a Louisiana federal court that the NCAA should not deny him another year of eligibility in track and field next year, because he is still within his five-year window to compete in four seasons.
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June 05, 2025
Paralegal Gets Firm's Extortion Counterclaim Nixed
A law firm's counterclaim accusing a paralegal of launching an unpaid overtime wages lawsuit against it in order to try to extort it for money cannot proceed, a Texas federal judge ruled Thursday, saying the claim isn't sufficiently linked to the underlying dispute.
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June 05, 2025
Judge Rejects DC Bid To Toss Black Atty's Bias Suit
A D.C. federal judge allowed a city attorney's discrimination and retaliation lawsuit to proceed to discovery Thursday, rejecting the D.C. government's motion to toss the claims that a city administrative law judge discriminated against Black women and paid the plaintiff attorney less than her male peers.
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June 05, 2025
Convicted Fla. Atty Urges 11th Circ. To Reexamine Sentence
A Florida lawyer sentenced to 75 months in prison over a COVID-19 loan fraud scheme has asked the Eleventh Circuit to rehear her sentencing en banc, arguing the appellate court should reexamine the district court's so-called Keane statement allegedly disregarding sentencing guidelines.
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June 05, 2025
Foley & Lardner Says Palestine Support Didn't Doom Job Offer
Foley & Lardner LLP urged an Illinois federal judge to dismiss a bias suit by a former summer associate, arguing her job offer was rescinded not due to her Arab Muslim identity but because her public comments on Hamas' 2023 attack on Israel "violated the firm's core values" and showed "incredibly poor judgment."
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June 05, 2025
Judicial Watchdog Says Mich. Judge Created 'Climate Of Fear'
Michigan's judicial watchdog has said in a formal misconduct complaint a state judge "created a climate of fear" among court personnel that disrupted the administration of the court, "bullied" court staff and improperly dismissed criminal cases to "punish" prosecutors.
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June 05, 2025
Background Extra Says Entertainment Cos. Owe Wages
A production company and an entertainment company failed to pay background extras for all the hours they worked after forcing them to work off-the-clock and through breaks, according to a proposed class action filed in California state court.
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June 05, 2025
Insurance Agent's Firing Claims Are Duplicative, Court Told
A Connecticut insurance company wants a terminated agent's wrongful discharge claim trimmed from a lawsuit alleging he was fired for asking questions about practices he believed violated state licensing laws, saying his common-law claim duplicates a free speech claim under a state employment statute.
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June 05, 2025
DOJ Says NCAA Eligibility Rule May Benefit Student-Athletes
The U.S. Department of Justice is weighing in on the NCAA's eligibility rule, saying it is not asserting a position but asking the court to take a measured approach when considering the preliminary injunction request of a University of Tennessee basketball player.
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June 05, 2025
DOL Head Vows To Fight Wage Theft With Fewer Investigators
The U.S. labor secretary told a U.S. House committee Thursday that the Department of Labor will continue to combat wage theft even with fewer resources after President Donald Trump's administration proposed cutting the number of wage and hour investigators.
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June 05, 2025
Greenberg Traurig Lands Bracewell Employment Pro In Texas
Greenberg Traurig LLP has strengthened its labor and employment practice with the addition of a Bracewell LLP attorney in Houston, boosting the firm's ability to serve clients in the growing Texas market and beyond.
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June 05, 2025
DOL Benefits Arm Needs Turnaround, Nominee Tells Senators
President Donald Trump's pick to lead the U.S. Department of Labor's employee benefits division told a Senate panel Thursday to prepare for an overhaul of the subagency if he's confirmed, vowing to change the direction of enforcement, regulation and more.
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June 05, 2025
Ex-Wells Fargo Worker Says 'Herculean' Win Backs Fee Bid
An ex-Wells Fargo worker awarded $22.1 million in his case claiming he was fired out of disability bias defended his request for $1.5 million in attorney fees, telling a North Carolina federal court his counsel's "superior lawyering" and "herculean effort" justified the proposed award.
Expert Analysis
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Bias Suit Shows WNBA Growing Pains On Court And In Court
A newly filed disability discrimination and retaliation lawsuit against the Los Angeles Sparks is the latest in a series of employment discrimination disputes filed by WNBA professionals, highlighting teams' obligation to meet elevated workplace expectations and the league's role in facilitating an inclusive work environment, say attorneys at Michelman & Robinson.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Weathering Policy Zig-Zags In Gov't Contracting Under Trump
To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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2 Areas Of Labor Law That May Change Under Trump
Based on President Donald Trump's recent moves, employers should expect to see significant changes in the direction of law coming out of the National Labor Relations Board, particularly in two areas where the Trump administration will seek to roll back the Biden NLRB's changes, says Daniel Johns at Cozen O’Connor.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Justices' Revival Ruling In Bias Suit Exceeds Procedural Issue
The U.S. Supreme Court's recent ruling in Waetzig v. Halliburton allowed the plaintiff in an age discrimination lawsuit to move to reopen his case after arbitration, but the seemingly straightforward decision on a procedural issue raises complex questions for employment law practitioners, says Christopher Sakauye at Dykema.
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Bid Protest Spotlight: Prejudice, Injunctions, New Regulations
In this month's bid protest roundup, Markus Speidel at MoFo looks at three recent decisions that consider whether a past performance evaluation needs to show prejudice to be successfully challenged, the prerequisites for injunctive relief and the application of new regulatory requirements to indefinite-delivery, indefinite-quantity contracts.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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How To Create A Unique Jury Profile For Every Case
Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.
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9 Considerations For Orgs Using AI Meeting Assistants
When deciding to use artificial intelligence meeting assistants, organizations must create and implement a written corporate policy that establishes the do's and don'ts for these assistants, taking into account individualized business operations, industry standards and legal and regulatory requirements, say attorneys at Faegre Drinker.
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IRS Scrutiny May Underlie Move Away From NIL Collectives
The University of Colorado's January announcement that it was severing its partnership with a name, image and likeness collective is part of universities' recent push to move NIL activities in-house, seemingly motivated by tax implications and increased scrutiny by the Internal Revenue Service, say attorneys at Buchanan Ingersoll.
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What's At Stake In High Court Transgender Care Suit
The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.
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Considerations As Trump Admin Continues To Curtail CFPB
Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.