11th Circ. Rules Qui Tam Provisions Don't Violate Constitution

By Madeline Lyskawa

The Eleventh Circuit on Tuesday held that the False Claims Act's qui tam provisions do not violate the appointments clause of the U.S. Constitution, maintaining private citizens' ability to sue entities on behalf of the United States for allegedly defrauding the federal government.

Opinion attached | Read full article » | Save to favorites »

10th Circ. Revives Aviation Workers' Arbitration Fight

By MJ Koo

The Tenth Circuit reversed a district court ruling exempting aviation customer service workers from arbitration, finding Tuesday that the lower court misread the Supreme Court's framework for determining when workers fall outside the Federal Arbitration Act by focusing on individuals rather than their job class as a whole.

Opinion attached | Read full article » | Save to favorites »

NLRB Urges Full DC Circ. To Respect Its Policy Views

By Braden Campbell

The National Labor Relations Board urged the full D.C. Circuit on Tuesday to rethink a recent panel decision limiting the court's regard for the agency's legal positions in a vigorous defense of the board's policymaking power after the U.S. Supreme Court scrapped a sweeping deference doctrine.

Petition attached | Read full article » | Save to favorites »

Mich. Judge Tosses Autistic Man's Bias Suit Against Sheriff

By Melanie Dorsey

A man with autism has lost his Michigan federal lawsuit accusing an Upper Peninsula county and its sheriff of refusing to hire him for law enforcement and volunteer positions because of his disability, with a judge finding Tuesday that he failed to plausibly link the decision to his autism or anxiety.

Opinion attached | Read full article » | Save to favorites »

Ex-Warriors GC, DEI Exec Say Bias Complaints Led To Firings

By Lauren Berg

The Golden State Warriors' former associate general counsel and its former vice president of diversity, equity and inclusion allege they were unlawfully fired in retaliation for speaking up about enduring a workplace marked by gender and race-based discrimination.

Complaint attached | Read full article » | Save to favorites »

11th Circ. Backs Emory In Worker's Age Bias Suit

By David Aaro

The Eleventh Circuit affirmed a win for Emory University in a dispute with a former administrator who claimed she was fired due to her age, saying she waived her challenge by not objecting to a magistrate judge's report and didn't meet the heightened standard for plain error review.

Opinion attached | Read full article » | Save to favorites »

Safelite Says EEOC Can't Support Nationwide Sex Bias Claims

By Patrick Hoff

Auto glass repair company Safelite urged a Georgia federal court to trim the U.S. Equal Employment Opportunity Commission's lawsuit alleging the company refused to hire women as technicians, arguing the claims of a company-wide practice are too flimsy to stay in court.

Motion attached | Read full article » | Save to favorites »

Mich. Court Upholds City In Worker Racism Retaliation Suit

By Susan Smiley

A split Michigan Court of Appeals panel rejected whistleblower and civil rights claims filed by a former employee of a Detroit suburb, finding insufficient evidence to show a connection between a city councilman's alleged racist comments and her firing.

2 documents attached | Read full article » | Save to favorites »

NJ College Absolved Of Gender Bias For Not Reinstating Prof

By George Woolston

A New Jersey federal jury sided with The College of New Jersey over a professor who alleged the college's finance department was run like an old boys' club, finding the college did not discriminate or retaliate against the professor over her reappointment.

Verdict attached | Read full article » | Save to favorites »

11th Circ. Sends Coal Workers' Race Bias Suit To Trial

By Grace Elletson

The Eleventh Circuit reinstated a suit Tuesday from two Black workers who claimed a coal company fired them out of race bias, stating the court can't overlook evidence that a white worker fired the same day for the same conduct was allowed back while the Black employees remained terminated.

Opinion attached | Read full article » | Save to favorites »

Manufacturer Must Face Fired Manager's FMLA Retaliation Suit

By MJ Koo

A manufacturing company can't escape a plant manager's Family and Medical Leave Act retaliation suit, a Michigan federal judge ruled, finding the company failed to explain why it chose to fire him and not a colleague in a nearly identical role who was not on medical leave.

Opinion attached | Read full article » | Save to favorites »

Lizzo's Touring Co. Beats Designer's Bias, Retaliation Suit

By Craig Clough

A California federal judge Tuesday tossed a former wardrobe assistant's remaining employment discrimination claims against singer Lizzo's touring company, finding the plaintiff may have witnessed some "inappropriate and unprofessional" conduct, but it was not sufficiently severe or pervasive enough to create a hostile work environment.

Order attached | Read full article » | Save to favorites »

McLane Model Keeps Drivers Overtime-Exempt, 9th Circ. Says

By Ben Adlin

A Ninth Circuit panel on Tuesday affirmed a lower court's ruling that truck drivers behind a proposed class action against food distributor McLane Foodservice Inc. are exempt from overtime pay, holding that the employees engaged in interstate commerce despite driving only in California.

Opinion attached | Read full article » | Save to favorites »

LVMH Says It Didn't Employ Ex-Stella McCartney Exec

By Benjamin Morse

LVMH urged a New York federal judge to toss eight discrimination, equal pay, retaliation and wage claims brought by a former Stella McCartney executive, arguing its minority investment and ties to the fashion brand do not plausibly make it his employer.

2 documents attached | Read full article » | Save to favorites »

Securitas Can't Arbitrate Wage Class Action, Wash. Panel Says

By Ben Adlin

A former Securitas worker's proposed wage-and-hour class action against the guard service will move forward following a Washington appeals panel's ruling Monday that upheld a lower court's rejection of the company's bid to force the ex-employee into arbitration.

Opinion attached | Read full article » | Save to favorites »

GEO Seeks Split Trial In Colo. Detainee Labor Suit

By Benjamin Morse

Private prison operator The GEO Group Inc. urged a Colorado federal judge to split an upcoming trial over allegations that it unlawfully profited from detainee labor, saying financial evidence should either stay out of the case entirely or be reserved for a later phase on the amount of punitive damages.

Motion attached | Read full article » | Save to favorites »

Brief

Dunkin' Worker Drops Suit Over AI Tip Inquiry Firing

By MJ Koo

A Connecticut woman who alleged she was fired from a Dunkin' franchise after using artificial intelligence to research whether her employer could legally withhold tips has dropped her lawsuit, state court records show.

Notice attached | Read full article » | Save to favorites »

Brief

Truck Modification Co.'s $1.6M OT Deal Nabs Initial OK

By MJ Koo

A North Carolina federal court gave an initial green light Tuesday to a $1.6 million class and collective action settlement resolving overtime claims brought by hourly workers against a vehicle modification company, conditionally certifying a nationwide collective and a Virginia state class for settlement purposes.

Order attached | Read full article » | Save to favorites »

Treatment Centers Cited Over Unpaid Work By Patients

By Julie Manganis

Massachusetts' attorney general on Tuesday announced a first-of-its-kind citation of over $1 million against a faith-based substance use treatment program for allegedly having hundreds of participants perform unpaid work, including landscaping and moving, for businesses.

Letter attached | Read full article » | Save to favorites »

Colo. Judge Tosses DirecTV Bid To Void Union Award

By Zach Dupont

A Colorado federal judge Tuesday following oral arguments dismissed a complaint from DirecTV seeking to vacate an arbitration award over layoffs of union technicians after the court found that its "narrow" ability to review arbitration decisions bars the litigation.

Read full article » | Save to favorites »

Teachers Union Wants In On CDL Data Fight

By Katherine Smith

The American Federation of Teachers is seeking to enter a lawsuit challenging the Trump administration's bid to obtain a database containing information on 17 million commercial driver's license holders, telling a Virginia federal court Tuesday that the 24 states bringing the suit don't adequately represent the interests of the union.

Memorandum attached | Read full article » | Save to favorites »

Former In-House Atty May Take Whistleblower Claim To Trial

By Emily Sawicki

An Illinois state appellate panel has revived a whistleblower claim a medical device company's former in-house counsel lodged alleging he was fired for refusing to "hide or park" money in the intellectual property division's budget, while upholding the company's early win on other claims.

Order attached | Read full article » | Save to favorites »

Copyright Chief Says Cook Ruling Bolsters Firing Challenge

By Ivan Moreno

The U.S. Copyright Office's Shira Perlmutter has asked the D.C. Circuit to reverse a federal judge's refusal to block her firing by the Trump administration, arguing that the U.S. Supreme Court's June decision protecting Federal Reserve Gov. Lisa Cook undercuts the lower court's reason for denying her preliminary relief.

Brief attached | Read full article » | Save to favorites »

How Does In-House Pay Compare? Take The Law360 Survey

How do in-house salaries vary across industries, roles, and organizational revenue? What compensation tools are companies using to lure top talent? Help Law360 Pulse answer these questions and more in this year's In-House Compensation Survey.

Read full article » | Save to favorites »

HSF Kramer Added To $1B King & Spalding Malpractice Suit

By Jack Karp

Herbert Smith Freehills Kramer LLP and several of its partners on Tuesday were added to a $1 billion legal malpractice suit against King & Spalding LLP alleging that the firms engaged in multiple schemes to enrich a lawyer's friend at the expense of investment firm White Oak Advisors.

1 document attached | Read full article » | Save to favorites »

Fla. Bar Tosses Complaint Over DHS GC's 'Worst' Judge Posts

By Adrian Cruz

The Florida Bar has refused to investigate the general counsel of the U.S. Department of Homeland Security for potential ethics violations over his recent series of social media posts attacking sitting judges, citing a potential conflict with the authority of the federal government.

Read full article » | Save to favorites »

Approach The Bench: Judge Rodriguez On The Uses Of AI

By Cara Bayles and Steven Trader

Today, Judge Xavier Rodriguez is known as an expert in electronic discovery and a proponent of artificial intelligence, but his interest was piqued before he joined the bench of the Western District of Texas in 2003, when he was still a lawyer and the methods for sifting through electronically stored information were still primitive.

Read full article » | Save to favorites »

Judges Say Social Media, Political Rhetoric Endanger Them

By Adrian Cruz

Increased access to social media and personal data via the internet, a larger number of high-profile cases, and inflammatory comments made by politicians have led to a rise in violent threats against judges and concerns about their safety, according to a recently published report.

Read full article » | Save to favorites »

5th Circ. Judge Hints Court Order With AI Errors Can't Stand

By Spencer Brewer

A Fifth Circuit judge wanted to know why a panel should keep intact a court order blocking an anti-DEI Mississippi law that contained artificial intelligence hallucinations, asking whether the judges could confidently find that made-up citations did not ultimately sway the district court's decision.

Read full article » | Save to favorites »

NY Firm, Clinics Reject FedEx's 'Staged' Crashes Claims

By Linda Chiem

A New York personal injury firm and various healthcare providers have told a Manhattan federal judge that FedEx has asserted implausible claims alleging they orchestrated an insurance fraud scheme to fabricate medical records and inflate accident claims, saying there is no such racketeering enterprise.

2 documents attached | Read full article » | Save to favorites »

Brief

Barnes & Thornburg Says Ex-NBA Star Owes $1M Legal Fees

By Jonathan Capriel

Former NBA player Luol Deng is being sued for more than $1 million by a Chicago-based law firm that claims he failed to pay legal fees connected to two real estate matters, according to a suit filed in Illinois state court.

Complaint attached | Read full article » | Save to favorites »

Monthly Merger Review Snapshot

By Bryan Koenig

Paramount Skydance and Warner Bros. Discovery pressured state attorneys general challenging their merger to settle, the Federal Trade Commission successfully challenged a construction adhesives tie-up, state officials waded in against the NextEra-Dominion transaction, and Union Pacific Corp. and Norfolk Southern Corp. defended their combination under review by federal regulators.

Read full article » | Save to favorites »

Roundup

The Top In-House Hires Of August

By Michele Gorman

Legal department hires during the past month included high-profile appointments at Anthropic, Zillow and ConocoPhillips. Here, Law360 Pulse looks at some of the top in-house announcements from August.

Read full article » | Save to favorites »