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Employment
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December 11, 2025
Navajo President Reinstates Controller Amid Legal Dispute
Navajo Nation President Buu Nygren has agreed to formally recognize that Sean McCabe is the tribe's controller, ending a dispute over the first-in-command's efforts to terminate his employment.
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December 11, 2025
CSX Seeks Rehearing In Conductor's Retaliation Suit
CSX Transportation Inc. is asking the Second Circuit to reconsider its recent decision reviving a former conductor's suit alleging he was fired in retaliation for reporting a hostile work environment, saying the panel wrongly overturned the circuit's own precedent.
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December 11, 2025
Judge Certifies Conn. Sushi Chef's Raw Deal Paycheck Suit
A Connecticut Asian fusion restaurant must face a class action employment case led by a sushi chef who claimed he and others worked close to 80 hours some weeks at a flat rate, without overtime pay.
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December 11, 2025
Ga. Judge Joins Geico Call Center Actions Ahead Of Deal
A Georgia federal judge agreed Thursday to consolidate a pair of class actions accusing Geico of shorting its call center workers on pay for pre- and post-shift work, clearing the way for settlements that were reached in late October.
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December 11, 2025
DOJ-UnitedHealth Deal Requiring Home Health Sale OK'd
A Maryland federal judge signed off on the U.S. Department of Justice settlement resolving its challenge to UnitedHealth's $3.3 billion acquisition of home health and hospice company Amedisys, under a deal requiring the sale of least 164 locations across 19 states.
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December 11, 2025
EEOC Challenges Care Co.'s Bid For Win In Harassment Suit
The U.S. Equal Employment Opportunity Commission is pushing back on a nursing home and rehabilitation center operator's bid for a pretrial win in a suit alleging it failed to act when a nurse was sexually harassed by her supervisor, saying that several disputed facts require a jury to weigh in.
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December 11, 2025
Mich. Justices Weigh If Quitting Can Start Whistleblower Clock
Michigan's Supreme Court justices on Thursday pressed an attorney for a school district on whether a buildup of alleged harassment can allow a worker to claim the adverse treatment forced them to resign — and whether that triggers the time window to bring a suit under the state's Whistleblower Protection Act.
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December 11, 2025
NJ Justices Say Teacher Was 'Essential' During Pandemic
An Ocean Township teacher who died from COVID‑19 in 2020 was an "essential employee" entitled to a statutory presumption that her illness was work-related, the New Jersey Supreme Court affirmed Thursday, rejecting the school district's arguments that the workers' compensation judge improperly granted summary relief without supporting affidavits.
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December 11, 2025
6th Circ. Seems Skeptical Of Ex-Paralegal's Harassment Claim
The Sixth Circuit on Thursday seemed to lean toward a broad interpretation of a 2022 law that bars mandatory arbitration for sexual harassment cases, but appeared skeptical that a sexual harassment claim by a former Adams & Reese LLP paralegal passed muster.
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December 11, 2025
Marriott's $175K Deal Wraps Up EEOC Religious Bias Suit
A Florida federal judge has approved a $175,000 deal to end a U.S. Equal Employment Opportunity Commission suit claiming hotel giant Marriott unlawfully required a Seventh-day Adventist employee to work on her Sabbath, the agency said Thursday.
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December 11, 2025
Josh Cellars President Denied Early Win In $4M Royalty Feud
The former president of the company that produces Josh Cellars wines has been denied an early win in a $4 million trademark royalties lawsuit because a judge said she cannot resolve whether the parties orally amended an LLC agreement or whether a clause requiring written alterations is controlling.
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December 11, 2025
NJ Cannabis Co. Challenges Law Requiring Deal With Unions
A cannabis company is urging a New Jersey federal court to pause an upcoming arbitration proceeding with a United Food and Commercial Workers local over its firing of several employees, claiming that it had been coerced into entering an agreement with the union by an unconstitutional state law.
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December 11, 2025
March Trial Date Set For Former NJ Judge's Pension Fight
A trial date has been set in a former New Jersey Superior Court judge's challenge to the denial of her disability pension application, according to a Wednesday text order.
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December 11, 2025
Firing After Kirk Post Violated Free Speech, Tenn. Worker Says
A Tennessee state insurance agency violated a worker's First Amendment free speech rights when it fired her for posting on Facebook that assassinated conservative commentator Charlie Kirk was a "white supremacist," she told a federal court.
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December 10, 2025
Texas Co. Owes $10M To Woman Shot At Gun-Friendly Event
A Texas state jury has awarded more than $10 million to a woman who was shot in the hand at a company-sponsored event that allowed employees and clients to shoot firearms as part of the festivities, with the jury finding the company negligently exposed the woman to a dangerous condition.
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December 10, 2025
Kaiser Asks 9th Circ. To Make Nurses Arbitrate Wage Claims
Kaiser Foundation Health Plan and a staffing company urged the Ninth Circuit on Wednesday to force traveling nurses to arbitrate their claims that they were cheated out of compensation, saying a judge erred when he found the agreement unconscionable due to a potentially confusing fee shifting provision.
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December 10, 2025
Gov't Urges Justices To Review ERISA Pleading Standard Split
The U.S. solicitor general and the solicitor of labor said the U.S. Supreme Court needs to clarify that workers must back their suits targeting underperforming retirement funds with proper comparison proof, urging the justices to take up a case taking aim at Parker-Hannifin Corp.'s retirement plan management.
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December 10, 2025
Starbucks DEI Goals Are 'Race-Based Quotas,' Fla. AG Claims
Florida Attorney General James Uthmeier is accusing coffee giant Starbucks Corp. of violating state civil rights protections in its efforts to promote an inclusive workforce, claiming in a state lawsuit Wednesday that the company's diversity, equity and inclusion policies "cross the line into illegal, race-based quotas."
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December 10, 2025
Judge Weighs Security Claims In Federal Bargaining Case
A D.C. federal judge declined to immediately reinstate collective bargaining agreements for U.S. Patent and Trademark Office and National Weather Service employees Wednesday, saying the case brought by the workers was more "complicated" and "difficult" than other federal worker bargaining suits he'd recently enjoined.
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December 10, 2025
Disciplined Attys Want High Court's Take On Judge Criticism
A father-daughter team of attorneys have brought a petition to the U.S. Supreme Court challenging their suspensions for criticizing a Florida state judge who reversed a $2.75 million jury verdict in favor of their client in a racial discrimination lawsuit, saying their comments are protected by the First Amendment.
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December 10, 2025
Courts Let Military Ban Trans, HIV-Positive Troops For Now
Two federal appellate courts have cleared the federal government to enforce a pair of controversial policies restricting transgender and HIV-positive people from serving in the military, with each lifting trial court blockades on the rules while litigation challenging them plays out.
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December 10, 2025
6th Circ. Mulls NLRB's Injunction Burden After Justices' Tweak
A Sixth Circuit panel on Wednesday probed a judge's inference that Michigan hospital workers would suffer without an order making their employer resume dealing with their union in the circuit's first National Labor Relations Board injunction case since the U.S. Supreme Court altered the courts' test last year.
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December 10, 2025
Med Delivery Co. Fired Workers For Pay Complaints, Suit Says
A pharmaceutical delivery company misclassified drivers as independent contractors even though it controlled nearly every aspect of their work and fired 12 named drivers at once for speaking up about it, according to a proposed class action filed in Kentucky federal court.
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December 10, 2025
4th Circ. Icy To Reviving Retired Miners' Health Coverage Fight
The Fourth Circuit seemed disinclined Wednesday to reopen a dispute over lifetime retirement health and life insurance benefits from a proposed class of retired coal miners, as two judges knocked the coal company's attempt to pick apart the results of a seven-day bench trial that broadly favored them.
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December 10, 2025
Stone Hilton Says Paxton Deputies Can't Duck Subpoenas
Stone Hilton PLLC attorneys facing a sexual harassment suit from a former employee defended their move to subpoena two high-ranking members of the Texas Office of the Attorney General this week, saying their "hands are tied" by the ex-staffer's use of an email related to the purported misconduct.
Expert Analysis
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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$100K H-1B Fee May Disrupt Rural Healthcare Needs
The Trump administration's newly imposed $100,000 supplemental fee on new H-1B petitions may disproportionately affect healthcare employers' ability to recruit international medical graduates, and the fee's national interest exceptions will not adequately solve ensuing problems for healthcare employers or medically underserved areas, say attorneys at Holland & Knight.
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Female Athletes' NIL Deal Challenge Could Be Game Changer
A challenge by eight female athletes to the NCAA’s $2.8 billion name, image and likeness settlement shows that women in sports are still fighting for their share — not just of money, but of respect, resources and representation, says Madilynne Lee at Anderson Kill.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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How Okla. High Court Ruling Will Alter Workers' Comp. Cases
The Oklahoma Supreme Court's recent decision in OBI Holding Company v. Schultz-Butzbach confirms that workers' compensation claims should move through the system without needless delay, which means attorneys on both sides will need to adjust how they handle such claims, says Steven Hanna at Gilson Daub.
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A Mortgage Lender's Guide To State Licensing Overhaul
Recent changes to the Conference of State Bank Supervisors' Nationwide Mortgage Licensing System require careful attention and planning from mortgage lenders, including tweaks to remote work designations and individual disclosure questions, says Allison Schilz at Mitchell Sandler.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Tips For Contesting, Settling Citations With The OSHRC
Excerpt from Practical Guidance
To effectively practice before the Occupational Safety and Health Review Commission, employers should strategically use the notice of contest and thoughtfully evaluate settlement considerations, and recognize that the implications of Occupational Safety and Health Administration citations extend beyond immediate monetary penalties, says John Ho at Cozen O'Connor.
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Demystifying Generative AI For The Modern Juror
In cases alleging that the training of artificial intelligence tools violated copyright laws, successful outcomes may hinge in part on the litigator's ability to clearly present AI concepts through a persuasive narrative that connects with ordinary jurors, say Liz Babbitt at IMS Legal Strategies and Devon Madon at GlobalLogic.
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Lessons As Joint Employer Suits Shift From Rare To Routine
Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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5 Years In, COVID-19 Fraud Enforcement Landscape Is Shifting
As the government moves pandemic fraud enforcement from small-dollar individual prosecutions to high-value corporate cases, and billions of dollars remain unaccounted for, companies and defense attorneys must take steps now to prepare for the next five years of scrutiny, says attorney David Tarras.
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Why Early Resolution Of Employment Liability Claims Is Key
A former Los Angeles fire chief's recent headline-grabbing wrongful termination suit against the city is a reminder that employment practices liability disputes can present risks to the greater business, meaning companies need a playbook for rapid, purposeful action, says Karli Moore at Intact Insurance Specialty Solutions.
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How New Rule On Illustrative Aids Is Faring In Federal Courts
In the 10 months since new standards were codified for illustrative aids in federal trials, courts have already begun to clarify the rule's application in different contexts and the rule's boundaries, say attorneys at Bernstein Litowitz.