Analysis

Employers In Bind As Noncitizen Workers Lose TPS

By Britain Eakin

The Trump administration's rollback of Temporary Protected Status for 13 of 17 countries that had the designation has put work authorization for hundreds of thousands of noncitizen workers at risk across various industries, including healthcare, hospitality and construction.

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Judge Bars Loyalty Question From Fed. Worker Applications

By Emily Brill

The federal government must stop asking potential hires how they'd advance President Donald Trump's policy goals while three unions argue that the query is an improper test of loyalty, a Massachusetts federal judge ruled Friday, granting the unions' bid to temporarily block the question from appearing in job applications.

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9th Circ. Upholds Workers' $7.8M BART Vax Exemption Verdict

By Hailey Konnath

The Ninth Circuit on Friday declined to disturb a $7.8 million verdict for six former San Francisco public rail employees who were let go after refusing the COVID-19 vaccine on faith-based grounds, finding that the transit system did not show that it couldn't have safely accommodated the workers.

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X Wins Arbitration Bid In $500M Severance Suit

By Benjamin Morse

A former Twitter employee must arbitrate a suit seeking more than $500 million in severance the company promised after Elon Musk's takeover, a Delaware federal court ruled Friday, rejecting the worker's argument that the company had already refused arbitration.

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Roundup

Employment Authority: 2nd Circ. Deepens NLRB Policy Woes

By Patrick Hoff

Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how a recent Second Circuit decision shows the vulnerability of foundational National Labor Relations Board policies, an appeals judge's frustration with courts discounting evidence of workplace harassment when the conduct isn't directed at the plaintiff and new U.S. Department of Labor guidance on how nonprofits should compensate employees who also volunteer for their organization. 

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US Bank Objects To Ex-AI Chief's Untimely Race Bias Claim

By Hayley Fowler

U.S. Bank has objected to a North Carolina federal magistrate judge's recommendation that would allow its former head of artificial intelligence to move forward with his race discrimination suit, arguing he waited too long to loop in the U.S. Equal Employment Opportunity Commission after he was fired.

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11th Circ. Puts Ex-Worker's Ga. Negligence Claim Back In Play

By Kelcey Caulder

The Eleventh Circuit reinstated a Georgia law negligent retention claim against a real estate and investment firm from a former worker who claimed a colleague racially harassed her, saying a lower court dropped the ball when it tossed out the case. 

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Pa. Hospitals Must Face Wage Suit By 30 ER Doctors

By P.J. D'Annunzio

A Pennsylvania federal judge has advanced claims filed by a group of 30 emergency room doctors against Prime Healthcare Services Inc. seeking unpaid wages, rejecting the company's argument that it could not be sued because it didn't qualify as their employer.

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Red Robin Can't Pause Wage Suit During Arbitration Push

By MJ Koo

A Colorado federal court has refused to pause a wage lawsuit against a burger chain while the company pursues arbitration against most of the workers who sued it, finding no legal basis to halt proceedings against the one named worker who never agreed to arbitrate his claims.

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Engineering Co. Calls Atty-Ouster Bid Retaliatory In Wage Suit

By Benjamin Morse

An engineering company urged a Pennsylvania federal judge to reject a bid to remove its lawyer from a wage case, arguing the worker is retaliating because the company tried to disqualify one of his attorneys from a separate case.

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Mass. Justices Eye Hardship Factor In Pension Loss Cases

By Carolyn Muyskens

Massachusetts' highest court seemed open Friday to taking financial circumstances into account in deciding whether two former public employees should lose their pensions for committing overtime fraud, although one justice worried doing so would "invite chaos."

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Orkin Says Ex-Workers Defected With Clients And Secrets 

By Matthew Santoni

Orkin LLC told a federal court that several employees it brought aboard in its 2025 acquisition of a central Pennsylvania pest control company have split for a competitor, allegedly taking customers and trade secrets with them in violation of their employment contracts.

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Sod Co. Rehashing Discovery Fight In Sanctions Bid, Defendants Say

By Zach Dupont

A Colorado sod company is attempting to relitigate a discovery dispute through a motion for sanctions against defendants' counsel in the company's trade secrets case against former workers and competing businesses, the defendants said in a response to the motion for sanctions Thursday.

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Mass. Court Revives Whistleblower Claims Against Hospital

By Julie Manganis

A former Boston Medical Center doctor will have another chance to pursue his claims that the hospital fired him in retaliation for his testimony for defendants in child abuse cases and complaints about the work of colleagues, an intermediate Massachusetts appellate court said Friday.

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Lockheed Guard Sues Over Firing In Gun Handling Dispute

By Brian Steele

A former Sikorsky Aircraft security officer wants a Connecticut federal judge to order the helicopter maker and its parent company Lockheed Martin Corp. to rehire him and pay damages, claiming he was fired for mishandling his gun even though "surveillance footage clearly showed plaintiff using appropriate trigger finger discipline."

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What Trial Teams Should Know About AI Jury Research Tools

Using artificial intelligence for jury research is quickly becoming part of the litigation consulting landscape, and can be a useful part of a case assessment toolkit — but litigators must understand what these systems are built to measure, and what conclusions can reasonably be drawn from their output, say Bill Kanasky and Steve Wood at Courtroom Sciences.

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Attorneys Using AI May Have Ethical Duty To Redact Docs

The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

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Big Biz Coalition Backs Litigation Funding Disclosure Rule

By Ryan Boysen

Big U.S. businesses and insurers like Amazon, Anthropic, Chubb and Walmart asked the federal judiciary on Monday to tighten disclosure requirements for litigation finance, claiming the lack of guardrails allows funders to operate "in the shadows."

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Indiana Atty Hit With $10K Sanction Over False Citations

By Andrea Keckley

An Indiana federal judge on Friday adopted a magistrate judge's recommendation to sanction a local attorney $10,000 after finding that five briefs in a consumer credit case included citations to nonexistent cases.

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Jackson Lewis Removes Ex-Atty's Bias Suit To Federal Court

By Patrick Hoff

Jackson Lewis PC has moved a former associate's suit accusing the firm of refusing to accommodate her temporary work restrictions following her medical leave to California federal court, saying state court wasn't the right venue for dispute.

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Bove Rejects Recusal Bid Tied To DOJ Whistleblower Claims

By Courtney Bublé

U.S. Circuit Judge Emil Bove declined Monday to recuse himself in a Third Circuit immigration case, saying the attorneys for the petitioner are "recycling a failed pre-confirmation political smear" on him.

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State Farm Attorney Sanctioned $999.99 For AI Hallucinations

By Jonathan Capriel

An attorney for State Farm who filed several motions citing nonexistent cases and fabricated quotes generated by AI software must pay a $999.99 sanction, a Los Angeles judge ruled, an amount one cent below the threshold that would have triggered a mandatory notice to the State Bar of California under state law.

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Brief

Ex-Moses & Singer Partner Gets 10 Months For Tax Crimes

By Craig Clough

A Connecticut federal judge Monday sentenced a former Moses & Singer LLP partner to 10 months of imprisonment and ordered him to pay more than $3.1 million for failing to file personal income tax returns, the U.S. attorney's office announced.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court this past week saw disputes over allegedly fabricated board approvals at a telecom infrastructure startup, insider trading and child safety at Roblox Corp. and ownership of artificial intelligence technology used in legal proceedings.

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