Justices Seem Open To Colo. Catholic Schools' Bias Claims

By Vin Gurrieri

The U.S. Supreme Court appeared receptive Tuesday to a push by Catholic parishes to be exempted from a requirement under Colorado's universal preschool program that ties funding to the acceptance of a nondiscrimination mandate, with Justice Brett Kavanaugh saying the case poses a "clash" between religious and LGBTQ+ rights.

Read full article » | Save to favorites »

Calif. Justices Unsure If 'Headless' PAGA Claims Are OK

By Max Kutner

The California Supreme Court did not appear to fully indicate which way it was leaning Tuesday in a case dealing with whether workers can bring what are known as headless claims under the state's Private Attorneys General Act, meaning claims only on behalf of other workers and not themselves.

Read full article » | Save to favorites »

Lockheed To Pay $29.5M Over Alleged DEI Bias Practices

By Craig Clough

Lockheed Martin Corp. agreed to pay $29.5 million under two settlements announced Monday by the U.S. Department of Justice over allegations that the defense contractor considered race or sex in some pay, hiring and promotion decisions while certifying compliance with federal antidiscrimination requirements

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

1st Circ. Won't Revive Sex Bias Suit Against Benefits Co.

By Patrick Hoff

The First Circuit refused to reinstate a lawsuit from a data architect who said a health benefits company fired her because she's a woman, saying she hadn't alleged that colleagues responsible for "stray" sexist comments played a role in her termination.

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

Indiana Targeted Unionized Teachers' Speech, 7th Circ. Says

By Katherine Smith

The Seventh Circuit upheld a federal judge's decision to block two Indiana state laws changing how teachers authorize unions to receive a portion of their wages, finding that the laws violated the First Amendment by specifically targeting teachers who wanted to join a union and pay dues.

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

4th Circ. Keeps CIA Officers' Appeal Rights In DEI Firing Suit

By Rae Ann Varona

All but one of the Fourth Circuit's judges voted to deny the federal government's request for an en banc rehearing of a panel's split decision that allowed CIA officers to appeal terminations that were allegedly due to their involvement with assignments related to DEI and accessibility, according to a Tuesday order.

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

Calif. AG Rob Bonta Wins 2nd Term Over Michael Gates

By Bonnie Eslinger

California voters on Tuesday handed state Attorney General Rob Bonta a decisive reelection win over an Orange County city administrator who briefly served as a U.S. Department of Justice deputy assistant attorney general during the current Trump administration.

Read full article » | Save to favorites »

Texas Firm Should Face Ex-Atty's Military Bias Suit, Court Told

By Rose Krebs

A former attorney for The Law Offices of Allen Rad PC is urging a Texas federal court to let his discrimination suit against the firm proceed, saying he has filed an amended complaint that plausibly pleads he was fired due to his Texas National Guard service.

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

Md. Casino To Pay $150K To End EEOC Disability Bias Suit

By Patrick Hoff

Caesars Entertainment and a Maryland subsidiary will pay $150,000 to settle a U.S. Equal Employment Opportunity Commission lawsuit alleging it unlawfully fired a table dealer after he had a heart attack at work, according to a federal court filing.

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

Ex-Hospital Worker Can't Get Out Of Bias Settlement

By Melanie Dorsey

A Michigan federal judge has ordered a former William Beaumont Hospital employee to honor a settlement resolving her pregnancy discrimination lawsuit, rejecting her attempts to narrow the agreement to exclude potential medical malpractice claims involving her minor child and allowing her attorneys to withdraw amid a breakdown in their relationship.

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

Troops Urge Justices To Delay Review Of Military Trans Ban

By Katie Buehler

A group of transgender servicemembers have asked the U.S. Supreme Court to decline to review the Trump administration's ban on transgender individuals serving in the military for now, saying the government's current appeal of a narrow circuit court ruling against the policy is premature and incomplete.

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

9th Circ. Told Apple Stock Awards Belong In OT Pay

By MJ Koo

Hourly Apple workers have asked the Ninth Circuit to revive their claims that the tech giant underpaid them for overtime by excluding the value of company stock they received, arguing that a lower court wrongly allowed Apple to exclude the stock awards from overtime calculations.

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

Worker Says Eatery Co. At Denver Airport Owes Preshift Pay

By MJ Koo

A former food preparer at a Taco Bell location in Denver International Airport sued the restaurant's operator in Colorado state court, alleging the company failed to pay hourly employees for time spent undergoing security screenings and getting to their workstations before clocking in, and failed to provide paid rest breaks.

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

En Banc 9th Circ. Kiboshes Election Threat Order Against DOJ

By Bonnie Eslinger

New litigation brought by unions and civil rights groups seeking to stop the U.S. Department of Justice from threatening election workers whipsawed through the Ninth Circuit at lightning speed Tuesday, with a split en banc Ninth Circuit panel eventually finding that the DOJ's actions don't merit a temporary restraining order.

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

Mass. Voters Approve Public Defenders' Bid For Union Rights

By Julie Manganis

Attorneys and other employees of Massachusetts' public defender agency should have the opportunity to decide whether to form a union, voters said Tuesday in approving a ballot measure authorizing a change to state law.

Read full article » | Save to favorites »

Financial Adviser Pleads Guilty To Impersonating DOL Official

By Grace Elletson

A Pittsburgh man pled guilty to falsely presenting himself as an employee from the U.S. Department of Labor's Employee Benefits Security Administration in order to take control of local businesses' retirement plans, according to a federal court filing.

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

Ex-Employee Calls J&J Unit's Trade Secret Suit Retaliation

By George Woolston

A former associate director sued by a Johnson & Johnson subsidiary for allegedly misappropriating confidential information hit back with her own complaint, alleging the company's lawsuit is retaliation for reporting discriminatory and retaliatory conduct by her manager.

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

Consistency Is Key In Pipeline Incident Investigations

A pipeline release that causes worker injury does not trigger one investigation, but five or more, running on different timetables, under different statutes, and new federal procedures may soon add more complexity — but companies must maintain one centralized record to ensure consistency throughout, say attorneys at Squire Patton.

Read full article » | Save to favorites »

Approach The Bench: Judge Wilson On Trial By Zoom

By Cara Bayles and Kelley Marcano

Before she became a state court judge in Washington, Judge Coreen Wilson worked as a trial attorney litigating hundreds of cases, including the country's first binding virtual civil jury trial during the early days of the COVID-19 pandemic.

Read full article » | Save to favorites »

DOJ Says Trump Adviser Needn't Answer ABA Subpoenas Yet

By Jared Foretek

The U.S. Department of Justice is arguing that Trump attorney Boris Epshteyn shouldn't have to respond to subpoenas from the American Bar Association in its challenge to the Trump administration's campaign against law firms until the presiding judge rules on the administration's preexisting motion to quash them.

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

Judge Questions Federal Role In Ed Martin Ethics Case

By Jared Foretek

A D.C. federal judge struggled Tuesday to see how he could preside over a state attorney ethics proceeding if U.S. pardon attorney Ed Martin gets his way and keeps the case in federal court, as the city's ethics board fought to have it sent back to state court.

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

Brownstein Hyatt Faces Suit Over Flawed Cannabis Co. Deal

By Rachel Konieczny

A Colorado real estate developer and his company alleged that Brownstein Hyatt Farber Schreck LLP negligently drafted their settlement agreement in a dispute with members of cannabis dispensary chain Native Roots over a sale of the chain's entities, resulting in a roughly $100 million arbitration award against the developer's company.

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

Texas Atty Seeks Release In Cyberstalking Case

By Lynn LaRowe

A Texas lawyer who is expected to plead guilty in a cyberstalking case involving BigLaw firm attorneys is asking a federal court to free her, saying circumstances are "materially different" because of mental health treatment she has received while behind bars.

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

Adult Daycare Pushes To Revive Suit Against Fox Rothschild

By Rose Krebs

An adult daycare company is asking a New Jersey state court to undo the toss of its suit against Fox Rothschild LLP and one of its attorneys, saying the dismissal was in error because the business had sought more time to respond to a dismissal motion.

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

Volunteer Exits Malicious Prosecution Suit Naming DLA Piper

By Craig Clough

A Los Angeles judge on Tuesday tossed a malicious prosecution claim against a former volunteer for Breaking Code Silence on free speech grounds, even as he called the broader case against DLA Piper and the nonprofit "stronger than most."

Read full article » | Save to favorites »

Ashurst Perkins ICap Suit Stayed Amid Bankruptcy Fight

By Ben Adlin

A Washington state judge has agreed to freeze a lawsuit accusing law firm Ashurst Perkins Coie of aiding and abetting a nearly $230 million Ponzi scheme, ordering the King County Superior Court litigation be put on hold pending an outcome in a related bankruptcy dispute.

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

Roundup

The Top In-House Hires Of October

By Michele Gorman

Legal department hires during the past month included high-profile appointments at Fox, Dell and LinkedIn. Here, Law360 Pulse looks at some of the top in-house announcements from October.

Read full article » | Save to favorites »