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Employment
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June 17, 2025
Health Insurance Co. Owes Workers OT Wages, Suit Claims
Humana Inc. and Humana Government Business Inc. were hit with a proposed class action in Georgia federal court on Tuesday over allegations they failed to pay registered nurse case managers proper overtime wages.
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June 17, 2025
HHS Says Trump Orders Merit Ending Trans Health Rule Case
The federal government urged a Mississippi federal court to end a lawsuit challenging a Biden-era rule that protected gender-affirming care under the Affordable Care Act, arguing the Republican attorneys general leading the case can't show imminent harm given the Trump administration's position on the definition of "sex."
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June 17, 2025
NFL Coach's Lawyer Faces Scrutiny Over NY Practice Claims
A federal judge on Tuesday chastised a lawyer defending a former NFL coach in his discrimination suit against the league, ordering him to show why he claimed he could practice in the Southern District of New York even though it appears "that is not accurate."
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June 17, 2025
General Motors Says Precedent 'Eviscerates' EEOC Bias Suit
General Motors urged an Indiana federal judge Tuesday to toss a U.S. Equal Employment Opportunity Commission suit claiming it discriminated against older workers by reducing disability benefits if they also received Social Security, arguing the policy says nothing about age, allowing it to stand under high court precedent.
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June 17, 2025
9th Circ. Backs Class Cert. In Suit Over Diabetes Drug Risk
The Ninth Circuit refused to disband a class of third-party payors who claim Takeda Pharmaceutical and Eli Lilly & Co. hid their anti-diabetes drug's bladder cancer risks, finding no issue with a lower court's analysis of expert evidence showing prescriptions fell after the risks were disclosed.
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June 17, 2025
Four More Women Appeal NIL Deal Over Title IX Objections
Four additional former and current women college athletes, including one of the most decorated lacrosse players of all time, have filed notice of their intent to appeal the NCAA's $2.78 billion name, image and likeness compensation settlement to the Ninth Circuit, objecting to the deal's disproportionately low allocation of money to women.
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June 17, 2025
UMB Says It Granted Ex-VP's Request For More Cancer Leave
UMB Financial Corp. said an ex-executive's suit claiming she was illegally denied leave to recover from chemotherapy treatments can't stay in Colorado federal court, telling a judge her request to extend her monthslong leave was ultimately approved after the company initially raised concerns about her changing return-to-work date.
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June 17, 2025
Ex-Stone Hilton Employee Adds Sexual Harassment Claim
A onetime executive assistant has expanded a federal lawsuit against her ex-employer Stone Hilton PLLC — founded by former top prosecutors in the Texas attorney general's office — to include a sexual harassment claim after the Texas Workforce Commission found there is reasonable cause.
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June 17, 2025
1st Circ. Says Ex-Santander Loan Officer Can't Bypass ERISA
A former high-earning mortgage development officer for Santander Bank cannot attempt an "end run" around the Employee Retirement Income Security Act by pursuing civil claims under Rhode Island state law over her 2022 firing, a First Circuit panel has ruled.
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June 17, 2025
Healthcare Worker's Wage Collective 'Amorphous,' HCA Says
A respiratory therapist's proposed collective is far too expansive and "amorphous" and is based on scant evidence that HCA Healthcare Inc. illegally manipulated workers' time sheets, the company told a North Carolina federal court, urging it to deny certification.
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June 17, 2025
Nationwide Mutual Unit Didn't Pay For Time Spent Booting Up
Nationwide Life and Annuity Insurance failed to pay remote workers for the time they spent booting up and logging into their computers before their scheduled shifts, a proposed class action in California state court claims.
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June 17, 2025
Eversheds Hires ERISA Expert From Groom Law In DC
Eversheds Sutherland announced Tuesday that it has hired an employee benefits attorney from Groom Law Firm in Washington, D.C., who has more than 25 years of experience counseling clients on related compliance matters.
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June 17, 2025
Fuel Co. Says Fired CEO's 'Incompetence' Dooms Bias Suit
A Michigan-based petroleum distributor urged a federal judge to toss its ex-CEO's suit claiming she was fired from the family-run business out of gender and disability bias, arguing that her claims fall flat against evidence that she was sacked for years of lackluster profits under her leadership.
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June 17, 2025
2nd Circ. Seems Inclined To Uphold FedEx Race Bias Win
A Black fired FedEx driver may not have laid out sufficient evidence to get his race discrimination and retaliation suit revived, a Second Circuit panel indicated Tuesday, with one judge saying she wasn't sure how the facts he had presented would be enough for an initial case.
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June 17, 2025
PepsiCo Makes Workers Undercount Hours, PAGA Suit Says
PepsiCo instructs hourly paid employees to only document their scheduled hours and not the time they actually spend working, causing workers to lose out on overtime wages and not receive pay for skipped meal breaks, a Private Attorneys General Act suit filed in California state court said.
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June 17, 2025
Former Antitrust Enforcers Launching New Firm
Former enforcers from the Federal Trade Commission and the U.S. Department of Justice launched a new law firm on Tuesday, Simonsen Sussman LLP, to bring cases on behalf of entrepreneurs, small businesses, workers and other victims of anticompetitive practices.
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June 16, 2025
Davis Wright Must Face Employment Atty's Defamation Claim
A Washington state judge refused to toss in their entirety an employment attorney's defamation claims against Davis Wright Tremaine LLP and other firm partners, finding Washington's Uniform Public Expression Protection Act shields the firm from some of the attorney's allegations, but not all.
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June 16, 2025
Life Spine Accuses Ex-CEO Of Stealing Money, Trade Secrets
Spinal device maker Life Spine slapped its founder with a civil suit in Illinois state court Friday accusing him of embezzling millions of dollars from the company through fraudulent credit card charges for motorsports, a lavish Mexico vacation for his family, customized golf clubs, jewelry and a Porsche for his wife.
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June 16, 2025
Tyler Perry Hit With 'The Oval' Actor's $260M Sex Assault Suit
Actor Derek Dixon has accused Tyler Perry of sexually harassing and assaulting him while he was a series regular on the media mogul's political drama, "The Oval," and then retaliating against Dixon when he didn't reciprocate Perry's unwanted advances, according to the actor's $260 million lawsuit filed in Los Angeles.
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June 16, 2025
Petroleum Co. Owes $21M In Withdrawal Liability, Fund Says
Petroleum company Sieveking Inc. was hit Monday with a $21 million withdrawal liability suit in Illinois federal court by a pension fund that says the company should be paying off its balance while it asks an arbitrator to weigh in.
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June 16, 2025
4th Circ. Upholds Revival Of Naval Engineers' No-Poach Case
The Fourth Circuit has kept its revival of a no-poach wage-fixing case against some of the nation's biggest warship makers intact, rejecting a petition to rehear the case en banc after a three-judge panel kicked it back to district court last month.
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June 16, 2025
Garbage-Truck Maker, Ex-Exec Stole Trade Secrets, Jury Told
Counsel for a fleet management technology firm told an Illinois federal jury Monday afternoon that a garbage-truck manufacturer it worked with to develop a system for monitoring waste-hauling vehicles breached their contract when it poached one of its executives and used confidential information he brought with him to build a competing product.
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June 16, 2025
WaPo Cleared Of Illegal Firing Claim Over Reporter's Tweets
The Washington Post lawfully fired a reporter who spoke up about a co-worker's retweet that she found sexist, a National Labor Relations Board judge ruled Monday, finding the journalist's remarks on social media disparaged the newspaper and did not link to a labor dispute.
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June 16, 2025
Lowe's Faces Worker Class Claims Over Tobacco Surcharge
Lowe's overcharges its employees for health insurance if they are tobacco users in violation of federal benefits law, according to a proposed class action filed Monday in North Carolina federal court.
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June 16, 2025
Unions Can't Sue Over Canceled Columbia Funds, Judge Says
A New York federal judge on Monday dismissed two unions' challenge to the Trump administration's decision ending $400 million in funding to Columbia University, saying the unions cannot sue over funding that was never theirs.
Expert Analysis
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Key Steps For Traversing Federal Grant Terminations
For grantees, the Trump administration’s unexpected termination or alteration of billions of dollars in federal grants across multiple agencies necessitates a thorough understanding of the legal rights and obligations involved, either in challenging such terminations or engaging in grant termination settlements and closeout procedures, say attorneys at Holland & Knight.
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Oft-Forgotten Evidence Rule Can Be Powerful Trial Tool
Rule 608 may be one of the most overlooked provisions in the Federal Rules of Evidence, but as a transformative tool that allows attorneys to attack a witness's character for truthfulness through opinion or reputation testimony, its potential to reshape a case cannot be overstated, says Marian Braccia at Temple University Beasley School of Law.
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What Employers Should Know About New Wash. WARN Act
Washington state's Securing Timely Notification and Benefits for Laid-Off Employees Act will soon require 60 days' notice for certain mass layoffs and business closures, so employers should understand how their obligations differ from those under the federal Worker Adjustment and Retraining Notification Act before implementing layoffs or closings, say attorneys at Littler.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Collective Cert. In Age Bias Suit Shows AI Hiring Tool Scrutiny
Following a California federal court's ruling in Mobley v. Workday, which appears to be the first in the country to preliminarily certify a collective action based on alleged age discrimination from artificial intelligence tools used for hiring, employers should move quickly to audit these technologies, say attorneys at Davis Wright.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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Age Bias Suit Against Aircraft Co. Offers Lessons For Layoffs
In Raymond v. Spirit AeroSystems Holdings, an aircraft maker's former employees recently dismissed their remaining claims after the Tenth Circuit rejected their nearly decade-old collective action alleging age discrimination stemming from a 2013 reduction in force, reminding employers about the importance of carefully planning and documenting mass layoffs, say attorneys at Cooley.
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Takeaways From DOJ's 1st Wage-Fixing Jury Conviction
U.S. v. Lopez marked the U.S. Department of Justice's first labor market conviction at trial as a Nevada federal jury found a home healthcare staffing executive guilty of wage-fixing and wire fraud, signaling that improper agreements risk facing successful criminal prosecution, say attorneys at McGuireWoods.
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EEOC Suits Show Cos. Shouldn't Ax Anti-Harassment Efforts
Companies shouldn't be so quick to eliminate anti-harassment programs in response to the U.S. Equal Employment Opportunity Commission's guidance cautioning against unlawful diversity, equity and inclusion programs, as recent enforcement actions demonstrate that the agency still plans to hold employers accountable for addressing sexual harassment, says Ally Coll at the Purple Method.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Enviro Justice Efforts After Trump's Disparate Impact Order
The Trump administration's recent executive order directing the U.S. Department of Justice to unwind disparate impact regulations may end some Biden-era environmental justice initiatives — but it will not end all efforts, whether by state or federal regulators or private litigants, to address issues in environmentally overburdened communities, say attorneys at ArentFox Schiff.
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Disparate Impact Theory Lives On Despite Trump Order
Although President Donald Trump's recent executive order directed federal agencies to stop pursuing disparate impact claims, employers may still be targeted by private litigants' claims and should therefore stay alert to the risk that their practices may produce a disparate impact on members of a protected group, say attorneys at Duane Morris.
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Jurisdictional Issues At Play In 9th Circ.'s FCA Trade Case
A decision by the Ninth Circuit in Island Industries v. Sigma Corp. could result in the U.S. Court of International Trade’s exclusive jurisdiction over trade-related FCA cases, a big shift in the enforcement landscape just as tariffs take center stage in trade policy, say attorneys at Haynes Boone.