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Employment
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June 10, 2025
Nev. Pension Plan Urges 9th Circ. To Ax DOJ Military Bias Suit
Pension credits bought by military service members aren't an accrued benefit under the Uniformed Services Employment and Reemployment Rights Act, Nevada's public employee retirement system argued, urging the Ninth Circuit not to revive the U.S. Department of Justice's suit alleging the state and system overcharged employees for the credits.
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June 10, 2025
Amazon Worker Says Military Class Ruling Needs Reopening
The U.S. Supreme Court declined to weigh in on a case that would have had an impact on a former Amazon employee's request for class status in her military leave suit, the worker told a New York federal court, saying it should reopen her suit and approve class treatment.
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June 10, 2025
8th Circ. Mulls If Supervisor's Family Remark Signals Sex Bias
The Eighth Circuit wondered Tuesday whether a Walmart supervisor's supposed rationale for promoting a male employee to a managerial role — that he had a "family to support" — lends credence to a female former employee's sex discrimination claim over the advancement decision.
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June 10, 2025
7th Circ. Won't Revive United Workers' Vax Mandate Suit
A Seventh Circuit panel on Monday affirmed a district court's decision to throw out a lawsuit from former employees challenging United Airlines' COVID-19 vaccination mandate, agreeing that the workers' claims are "either improperly preserved or inadequately pled."
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June 10, 2025
Blue States Back Harvard In $2.2B Funding Freeze Fight
A coalition of 20 states and the District of Columbia filed a brief supporting Harvard University's bid for a pretrial win in its challenge to the Trump administration's move to freeze $2.2 billion in funds, telling a Massachusetts federal judge that the president's attacks on universities are "an attack on the states themselves."
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June 10, 2025
Drivers Say FedEx Is Employer, Liable For Unpaid OT
FedEx exercised substantial control over drivers' jobs, two former workers told a Pennsylvania federal court, urging it to find that the delivery company acted as their joint employer and is therefore on the hook for what they said are unpaid overtime wages.
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June 10, 2025
Atlanta Drag Bar Agrees To $50K Deal In Wage Suit
An Atlanta bar that provides drag show entertainment has agreed to pay $50,000 to end a performer's proposed collective action alleging it failed to pay minimum wage and overtime, and both parties urged a Georgia federal court to greenlight the deal.
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June 09, 2025
Bedoya Exits FTC, But Keeps Up Legal Fight Against Trump
Alvaro M. Bedoya, one of two Democratic Federal Trade Commission members fired by President Donald Trump, gave notice Monday of his formal resignation in order to pursue other work, but emphasized that he is not dropping his lawsuit against the president.
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June 09, 2025
Judge Rebukes Navy Vet's Counsel In VA Malpractice Trial
A Washington federal judge narrowed the scope of a Navy veteran's medical malpractice case against the federal government on Monday, chiding her counsel for trying to change a years-old expert opinion on the eve of a long-awaited bench trial and "wasting" time on unnecessary questioning.
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June 09, 2025
Blake Lively, NYT Defeat 'It Ends With Us' Defamation Claims
A New York federal judge on Monday threw out Justin Baldoni's defamation claims against his "It Ends With Us" costar Blake Lively, her husband Ryan Reynolds and The New York Times, among others, ruling that Baldoni hasn't plausibly alleged any statements were made or reported maliciously.
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June 09, 2025
Unions Win Injunction In OPM, DOGE Privacy Suit
A New York federal judge on Monday granted a preliminary injunction bid against the U.S. Office of Personnel Management in a lawsuit accusing it of unlawfully disclosing employees' personal information to the Department of Government Efficiency, saying OPM granted broad access to the information despite there being no "credible need."
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June 09, 2025
Florida Will Ask 11th Circ. To Revive Trans Health Suit
The state of Florida indicated Friday it will ask the Eleventh Circuit to reopen its lawsuit against the U.S. Department of Health and Human Services challenging a rule setting coverage requirements on employers for gender-affirming care, despite the new administration's reversal on the rule.
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June 09, 2025
Emirates Ex-Workers Seek Class Certification In Layoff Suit
A group of Emirates ex-employees who lost their jobs during the COVID-19 pandemic asked a New York federal judge to certify their lawsuit against the airline as a class action, saying their discrimination, benefits and WARN Act claims apply to many ex-workers and should be processed collectively.
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June 09, 2025
Pilot Says American Airlines Skimped On Long-Term Disability
A disabled pilot accused American Airlines and its third-party administrator of systematically miscalculating workers' long-term disability benefits by excluding certain forms of compensation from their monthly benefit calculations, according to a suit filed in Texas federal court.
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June 09, 2025
Mediation Fails To End 'Sham' Hiring Suit Against Wells Fargo
Wells Fargo and a class of investors accusing the bank of conducting "sham" job interviews to meet diversity targets that later triggered a stock price drop have told a California federal judge that the mediation they attempted last month did not result in a settlement.
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June 09, 2025
Veteran Appeals VA Discontinuation Of Trans Health Coverage
A transgender woman urged a veterans appeals court Monday to find that the Veterans Health Administration is wrongly refusing to refill her prescriptions for hormone therapy following a federal notice discontinuing gender-affirming care for veterans.
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June 09, 2025
Panini Wants Renewed Claims From Fanatics Tossed
Trading card company Panini told a New York federal court Fanatics Inc. is trying to distract from allegations it monopolized the sports trading card market by rehashing previously rejected claims that Panini interfered with licensing negotiations.
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June 09, 2025
DC Judge Won't Intervene In CPB Board Firings
A D.C. federal judge declined to block President Donald Trump's attempt to fire three members of the Corporation for Public Broadcasting's board, ruling that Trump likely had authority to remove them while noting the CPB has since changed its own rules to protect its members from removal moving forward.
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June 09, 2025
Feds Approve Mont. Coal Mine Expansion Amid Controversy
The Interior Department has said it will expand by nine years the mining plan for a Montana coal mine at the center of litigation over the mine's environmental impacts, authorizing Signal Peak Energy to recover 57 million tons of coal in a move that aligns with the Trump administration's energy emergency directive.
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June 09, 2025
Senators Seek Probe Into SEIU Leader's Arrest At ICE Raid
Three Democratic senators called on the U.S. Department of Homeland Security and U.S. Department of Justice on Monday to provide legal justification for the arrest of the president of a Service Employees International Union affiliate in California during an immigration enforcement raid last week.
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June 09, 2025
Doc Says WWE Accuser's Firm Ignored Defamation Suit
A celebrity doctor and his practice are seeking a default win in Connecticut federal court Monday against an allegedly nonresponsive law firm over comments a partner made amid a discovery dispute connected to the sexual abuse case a former World Wrestling Entertainment legal staffer is pursuing against the company and its co-founder.
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June 09, 2025
Ohio Manufacturer Fined $500K For Fatal OSHA Violation
A Grove City, Ohio, concrete plant will pay a $500,000 fine for failing to have "lockout" procedures that would have prevented a worker from being fatally crushed by a pneumatic door on a cement mixer in 2020, federal prosecutors said Monday.
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June 09, 2025
FEMA Dodges Atty's Bias And Retaliation Suit, For Now
A California federal judge dismissed an attorney's lawsuit alleging two federal agencies fired her after she complained that a male colleague harassed her, saying the excessive length and repetitiveness of her claims makes an adequate response a "practical impossibility."
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June 09, 2025
Ex-Yale IT Worker Pulls Payroll Schedule Class Claims
A proposed Connecticut class action accusing Yale University of paying salaried employees on a monthly basis, rather than weekly or bi-weekly as required by state law, has been withdrawn, court records show.
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June 09, 2025
Justices Urged To Keep Pause On 'Breakneck' Gov't Overhaul
The U.S. Supreme Court should leave in place a California federal judge's order barring implementation of layoffs and reorganizations at various federal departments and agencies, several unions and nonprofits argued Monday, claiming a decision allowing the changes would irreversibly harm the federal government and render Congress and the judiciary powerless.
Expert Analysis
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7 Employment Contracts Issues Facing DOL Scrutiny
A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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How Deregulation Could Undermine Trump's Anti-DEI Agenda
While rolling back federal agency power benefited conservative policies during the Biden administration, it will likely undermine President Donald Trump's ability to wield agencies like the U.S. Equal Employment Opportunity Commission to dismantle diversity, equity and inclusion initiatives beyond the federal workforce and into the private sector, says Ally Coll at the Purple Method.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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5 Notable Information Security Events In 2024
B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
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Opinion
Trump Should Pass On Project 2025's Disparate Impact Plan
The Trump administration should reject Project 2025's call to eliminate the disparate impact doctrine because, as its pro-business Republican creators intended, a focus on dismantling unnecessary barriers to qualified job candidates serves companies' best interests more successfully than the alternatives, says Susan Carle at American University.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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The Compliance Trends And Imperatives On Tap In 2025
The corporate ethics and compliance landscape is rapidly evolving, posing challenges from conflicting stakeholder expectations to technological disruptions, and businesses will need to explore human-centered, data-driven and evidence-based practices, says Hui Chen at CDE Advisors.
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How Trump Presidency May Influence NLRB's Next Phase
Attorneys at Paul Hastings discuss how last year’s key National Labor Relations Board developments may progress once President-elect Donald Trump takes office, including the wave of lawsuits challenging the board’s constitutionality and two landmark board decisions that upset decades of precedent.
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Top 10 Noncompete Developments Of 2024
Following an eventful year in noncompete law at both state and federal levels, employers can no longer rely on a court's willingness to blue-pencil overbroad agreements and are proceeding at their own peril if they do not thoughtfully review and carefully enforce such agreements, say attorneys at Faegre Drinker.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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Celebs' Suits Show Limits Of Calif. Anti-SLAPP Laws
Two recent cases including Amanda Ghost v. Rebel Wilson and Leviss v. Sandoval highlight the delicate balancing act courts must perform in weighing free speech against privacy and reputational harm under California's robust anti-strategic lawsuit against public participation laws, say attorneys at Nixon Peabody.
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2 Cases May Signal Where FTC Is Headed On Labor Issues
Two recent Federal Trade Commission challenges to no-hire clauses in agreements between building service firms and their customers include comments by future FTC Chair Andrew Ferguson that may offer insight into the direction the FTC is headed on labor issues, says Michael Wise at Squire Patton.