Former professional football players are contesting newly adopted medical rules in the NFL concussion settlement, arguing the changes only benefit the league and were approved without giving the retired players a chance to review them, according to Wednesday filings in Pennsylvania federal court.
A split Ninth Circuit panel on Wednesday revived a would-be air traffic controller's Freedom of Information Act suit against the Federal Aviation Administration, ruling that the documents sought by the unsuccessful job applicant aren't exempt from release just because they were generated by a third-party consultant.
A Wisconsin federal judge referenced Wednesday's U.S. Supreme Court decision in the Lamps Plus case in a ruling Thursday that wiped out a mortgage worker's $10 million class arbitration win, saying the employee's arbitration agreement with her company unambiguously bars class arbitration.
A California appeals court has affirmed a lower court's denial of Carneros Resort and Spa's bid to force arbitration of a former worker's claims that he was wrongfully fired after raising concerns about the hotel's water use and Americans with Disabilities Act compliance.
A California Democratic Party worker says he was repeatedly sexually assaulted and harassed by the political organization's former top boss while the party turned a blind eye to the inappropriate behavior, according to a Los Angeles County court suit.
The Second Circuit recently aligned its legal standard for workers looking to prove workplace disability bias under the Rehabilitation Act and its test for assessing employees' Americans with Disabilities Act claims, a decision that experts say makes it easier for workers to pursue suits under the former but harder under the latter.
The Washington Attorney General's Office has urged a state court to force nearly two dozen Jersey Mike's franchisees to hand over documents in the agency's suit challenging the sandwich chain's practice of forbidding franchisees from hiring one another's employees.
The National Labor Relations Board has affirmed an administrative law judge’s finding that a security officers union flouted federal labor law when it stopped representing the officers at certain government buildings in Philadelphia after spinning them off into their own local.
A New York fire sprinkler contractor has agreed to a six-figure settlement to resolve a U.S. Equal Employment Opportunity Commission suit alleging black and Hispanic workers were subjected to continual racial slurs and a manager using a ringtone that sounded like a gorilla.
A California jury ordered FilmOn, Hologram USA and their founder Alki David to pay a combined $4.6 million and queued up possible punitive damages in an explosive sexual harassment and battery trial that saw the billionaire executive ordered out of the courtroom when he blew up at an opposing attorney.
An Indiana federal judge on Thursday let an Indiana hospital dodge a suit from the former clinical coordinator of its radiology program who claimed she was wrongly fired because she is a woman and because she had an autoimmune disease.
A Washington, D.C., federal judge on Thursday tossed a former U.S. Department of Labor budget official’s suit accusing the agency of firing her because of her race, age, sex or national origin, saying she wasn’t a bias victim, but rather a disgruntled demotee who phoned in her work.
The Harvard Graduate Students Union recently staked out ground at the vanguard of the labor movement when it put #MeToo-inspired demands front-and-center in its negotiations with the university. And though other unions have also made changes in response to #MeToo, many have been slower to react.
A California limousine company told a federal judge Thursday that it has properly laid out class claims alleging Uber wrongly classified its drivers as independent contractors to gain a competitive edge, arguing its suit should remain in federal court.
A California appeals court has affirmed the dismissal of a suit from several women accusing Dollar Tree of negligently hiring a man who filmed female customers and employees in a restroom, saying it could not have foreseen the employee's criminal conduct.
A California state appeals court on Thursday sent a suit by a group of security guards for the San Francisco Giants back to trial court after the team had moved for arbitration, ruling the dispute hinges on an interpretation of state law, not provisions of the collective bargaining agreement.
A former Kimberly-Clark worker has urged a Georgia federal judge to revive his False Claims Act allegations the company lied to the government about its compliance with U.S. Food and Drug Administration regulations, saying the court wrongly found his claims were too close to those reported in the media.
A group of Florida oncologists should not be able to bring an antitrust suit over noncompete agreements with 21st Century Oncology, because the agreements were previously accepted during a bankruptcy case, the company told a New York bankruptcy court.
Even though Roche Diagnostics Corp. turned over documents showing it consulted lawyers ahead of an allegedly illegal deal to get its diabetes medication back on Humana’s Medicare Advantage formulary, a whistleblower doesn't have a right to see privileged Roche communications, an Illinois federal judge said Wednesday.
A former Compassus hospice nurse who claimed she was fired after taking medical leave for anxiety induced following a fight with management must pursue her claims in arbitration, not court, even though she didn't sign the company's arbitration agreement, a Pennsylvania federal judge has ruled.
An administrative law judge's decision in Office of Federal Contract Compliance Programs v. Analogic rejected the theory of disparate impact that the OFCCP applied to sex-based pay discrimination and provides lessons on how contractors should respond to OFCCP pay system audits, say Soul Cherradi of BP, Dan Kuang of Biddle Consulting and attorneys at Bello Welsh.
The continued sprawl of False Claims Act cases warrants scrutiny of one of the statute's less understood characteristics — one set of facts can lead to concurrent or successive proceedings initiated by a combination of criminal, civil or administrative authorities, as well as private plaintiffs, say attorneys at DLA Piper.
Against the backdrop of the Illinois Supreme Court's Biometric Information Privacy Act opinion in Rosenbach v. Six Flags, an Illinois appellate court's recent decision in Liu v. Four Seasons reinforces that companies must carefully design and implement stringent BIPA policies to protect against class actions and related liability, say attorneys with Eversheds Sutherland.
In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.
During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.
Some questions during U.S. Supreme oral arguments in Kisor v. Wilkie suggested a willingness to overturn Auer deference. If this leads to the scuttling of Chevron deference, rapidly evolving areas of law like labor and employment could benefit from a return to courts addressing ambiguities in federal statutes, says Michael Abcarian of Fisher Phillips.
The California Supreme Court's Dynamex decision makes it very difficult for real estate brokerage firms to continue treating their agents as independent contractors, but there are some glimmers of hope for firms, say Mary Watson Fisher and Anna Greenstin Kudla of Walsworth.
The Ninth Circuit's recent opinion in Anheuser-Busch v. Clark — concerning AB’s beer recipe and brewing process — underscores the importance of providing the court with ample evidence of an employer’s efforts to keep its trade secrets confidential in the face of an anti-SLAPP motion, says Dan Forman of Carothers DiSante.
Historically, employee organizing efforts at tech companies have been limited to lower-paying positions, but Kickstarter employees' recently announced plans to unionize could signal a shift toward increased unionizing efforts by tech workers in higher-paid positions, says Candice Zee of Vedder Price.
The Delaware Court of Chancery’s recent decisions in Schnatter, Tempur-Sealy and CHC Investments further delineate the metes and bounds of a stockholder's right to obtain a company's books and records, say attorneys with Winston & Strawn.