11th Circ. Backs Navy Win In Worker's Retaliation Case

By David Aaro

The Eleventh Circuit declined to reinstate a lawsuit brought by a former Navy employee alleging she was terminated for reporting a breach of a settlement agreement, saying the Navy's key decision makers were unaware of her complaints and that she had committed "numerous acts of alleged insubordination" during that time.

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UFCW Wins Order Blocking DOJ's Wash. Ballot Demands

By Benjamin Morse

A Washington federal judge temporarily blocked the Trump administration from demanding that state election officials set aside ballots from hundreds of suspected noncitizens, concluding that federal prosecutors likely overstepped their authority by threatening officials with criminal charges if they refused.

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Analysis

Dem Takeover Points To Reset On College Sports Legislation

By Alex Lawson

The looming Democratic takeover of both congressional chambers signals doom for quick action on college sports oversight, with a crowded calendar and the new majority's wishes to reshape the legislation emerging as roadblocks to a Senate-approved bill.

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UMich Protest Plaintiff Seeks Dismissal Amid Criminal Case

By Parker Quinlan

A former University of Michigan employee who alleges she was fired for participating in a pro-Palestine protest has asked to be temporarily dropped from her employment retaliation lawsuit against the university, arguing that continuing with the case may jeopardize her defense in a parallel federal criminal case.

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Roundup

Employment Authority: Labor Sees Gains After Dems Win

By MJ Koo

Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on what Democrats' midterm takeover of Congress could mean for labor's legislative agenda, how the party's gains in state governments could spur new paid leave laws and a Missouri constitutional amendment that could make it harder for lawmakers to overturn wage ballot measures.

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Colo. Asks For Early Win In Ex-Official's Race Bias Suit

By Rachel Konieczny

Colorado and its officials urged a federal judge Friday to grant them an early win in a race discrimination lawsuit brought by a former state agency head, contending the ex-employee's claims fall short because the state terminated her for performance issues and insubordination.

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Harvard Says EEOC Charge Is Retaliation For Defying Trump

By Julie Manganis

Harvard University on Friday urged a Massachusetts federal judge to reject the Equal Employment Opportunity Commission's request for hiring data on thousands of applicants and employees, calling it the "latest escalation" of a "persistent, all-out campaign to punish Harvard for refusing to acquiesce" to the Trump administration's efforts to exert control over the school.

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Software Co. Says Lack Of US Tie Dooms Revenge Porn Suit

By Kelcey Caulder

Georgia-based software firm Ebix asked a federal court to toss its ex-CEO's suit alleging the company's owner obtained intimate images of him and his wife without consent and threatened to release them to pressure him into dropping a separate case, arguing the law doesn't cover acts allegedly committed in India.

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SoCal Glass Installer Shortchanged Apprentice, Suit Says

By Emily Brill

A Southern California glass installation company didn't pay an apprentice for his first two months of work, then paid him a "flat, declining weekly amount that was not tied to the number of hours he actually worked," he said in a wage suit filed in California state court.

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Worker Says Savers Value Denied Full Wages, Breaks

By Benjamin Morse

Thrift-store operator Savers Value Village Inc. rounded workers' hours in the company's favor, denied breaks and improperly calculated overtime and sick pay, according to a proposed class action filed in state court.

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10th Circ. Lifts Block On New NCAA Eligibility Rule

By Elaine Briseño

The Tenth Circuit on Friday reversed a lower court's preliminary decision that would have granted another year of eligibility to thousands of NCAA athletes, finding that the trial judge erred by defining the relevant market for antitrust review as all Division I athletics in the United States.

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College Hoops Star's Return Blocked Despite Win In Court

By Chris Villani

A Missouri judge granted a fifth year of eligibility to basketball star Robbie Avila, a bespectacled forward for Saint Louis University who briefly suited up for the Los Angeles Lakers' Summer League squad, but his return to the Billikens was blocked Friday by the College Sports Commission. 

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Carpenters Union Says Detroit Co. Owes Benefit Funds $288K

By Emily Brill

A Detroit woodworking and millworking company owes a group of union benefit funds about $287,500, the union and the funds' trustees allege in a lawsuit filed Thursday in Michigan federal court, asking the court to compel the company to pay up.

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3rd Circ. OKs Konica Minolta Appeal Of Severance Suit Class

By Patrick Hoff

The Third Circuit said it will consider Konica Minolta's bid to unwind class status in an ongoing lawsuit alleging the business services provider used an office relocation as cover for conducting a mass layoff without having to pay severance.

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Quant Trader Denies Using Stolen Recipe At Code Theft Trial

By Pete Brush

A California quant trader accused of stealing billion-dollar code from his former employer argued to a New York federal jury that he did not use any secret recipe at a new venture, denying trade secrets theft charges.

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Ex-Cruise Line Server Says Reporting Assaults Got Her Fired

By Kelcey Caulder

American Cruise Lines fired a server after she reported being repeatedly sexually assaulted by the vessel's executive sous chef, and the company ignored warning signs about him beforehand, according to a lawsuit filed Friday in Georgia federal court.

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NLRB Ruling Redraws Arbitration Confidentiality Limits

The National Labor Relations Board's recent decision in Ralphs Grocery adds to a growing body of board precedent that offers takeaways for how employers can maximize the enforceability of confidentiality restrictions and discovery procedures in arbitration agreements, say attorneys at Morgan Lewis.

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Opinion

Judges Must Turn To Merits Earlier To Fix Civil Justice System

The U.S. justice system is long overdue for a cultural shift that encourages judges to engage with the merits of a case from the outset, which would help to cut through procedural complexities and deliver high-quality justice efficiently and at lower cost, says Steven Kayman at Rottenberg Lipman.

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High Court Disbars Judicial Watch Founder Larry Klayman

By David Minsky

The U.S. Supreme Court on Monday disbarred Judicial Watch founder and Florida conservative activist attorney Larry Klayman following his 18-month suspension issued last year by the D.C. Court of Appeals. 

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Firms Must Face RICO Claims In Asbestos Fraud Suit

By Emily Field

An Illinois federal judge on Friday held that Simmons Hanly Conroy LLP and Sokolove Law must face racketeering claims brought by a Los Angeles industrial pipe manufacturer alleging that the firms brought baseless asbestos claims, finding that an antitrust doctrine shielding those who petition the courts does not apply.

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DOJ's Civil Division Head Joins Agency Exits After Midterms

By Jack Karp

The leader of the U.S. Department of Justice's Civil Division, Brett A. Shumate, on Monday became at least the fifth top DOJ official to step down following Republicans' defeat in last week's midterm elections.

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Trump Eyes OLC Chief For Texas Judgeship After Midterms

By Courtney Bublé

President Donald Trump is considering the head of the U.S. Department of Justice's Office of Legal Counsel for a federal judgeship in Texas, a process that started right after the Democrats won big in last week's midterm elections.

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Goldstein Says Gov't Conceded Key Trial Errors

By Jared Foretek

SCOTUSblog co-founder Thomas Goldstein told the Fourth Circuit that the federal prosecutors who netted 12 tax and mortgage fraud convictions effectively conceded they hid evidence by steering a key witness to new testimony mid-trial and had reversed their stance on jury instructions, two key issues in Goldstein's appeal.

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AAA Says Consumers' Monopoly Claims Lack Factual Support

By Caroline Simson

The American Arbitration Association is lashing out against consumers who accuse the institution of monopolizing the consumer arbitration services market, telling a federal judge on Monday that they should be sanctioned for including "false, misleading, and unsupported allegations" in an amended complaint.

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Wash. Panel Nixes $10K Sanctions On Monsanto PCB Attys

By Rachel Riley

A Washington Court of Appeals panel has overturned a combined $10,000 in sanctions against four attorneys who defended Monsanto from chemical poisoning claims, concluding Monday that the trial court overstepped its authority by personally punishing the lawyers for late disclosure of expert witnesses.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court last week cleared the way for Cloudflare Inc. to seek immediate review of an injunction blocking a stock restructuring designed to preserve its founders' control, while setting a January hearing in a similar dispute over Meta Platforms Inc.'s plan to create nonvoting shares.

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