The Tenth Circuit on Monday shut down, for the second time, a white former Colorado corrections officer's suit claiming he faced racist harassment and discrimination through a diversity training, saying he failed to show that the content alone caused him to face any severe mistreatment or abuse.
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TOP NEWS

10th Circ. Says DEI Training Didn't Harm White Worker

By Grace Elletson

The Tenth Circuit on Monday shut down, for the second time, a white former Colorado corrections officer's suit claiming he faced racist harassment and discrimination through a diversity training, saying he failed to show that the content alone caused him to face any severe mistreatment or abuse.

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Swedish Health $86M Wage Deal Secures Initial OK

By Benjamin Morse

Seattle-area hospital system Swedish Health Services will pay $86 million to settle a proposed class action claiming its alleged meal break violations and rounding practices led to unpaid wages, according to a state judge's preliminary approval of the deal.

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Fed. Circ. Scrutinizes Email Mishap In Decade-Old Wage Fight

By Tom Lotshaw

A Federal Circuit panel questioned Monday whether an email mishap that kept a U.S. Department of Defense employee from timely appealing his furlough was the employee's fault, after the U.S. Supreme Court gave him the green light to continue his 13-year-old fight.

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Grubhub Drivers Allege Wage Theft, Illegal Face Scans

By MJ Koo

Grubhub has misclassified its delivery drivers as independent contractors and unlawfully collected their biometric data without consent, according to a proposed class action filed in Illinois state court.

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NYC Sanctioned For Sluggish Discovery In IVF Sex Bias Suit

By Patrick Hoff

A federal judge sanctioned New York City on Monday for its lethargic discovery responses in a proposed class action claiming a municipal health plan unlawfully blocked gay men from receiving in vitro fertilization coverage, ordering the city to reimburse the couple leading the suit for their efforts to obtain documents.

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Chartwell Law, Ex-Firm Atty Settle Ga. Racial Bias Suit

By Emily Sawicki

A Black Georgia attorney who sued the Chartwell Law Offices LLP in September, alleging she faced "systematic discrimination, harassment and retaliation" at her former firm, has notified the Atlanta federal court that the two sides have entered a tentative settlement to end her claims.

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Quinn Emanuel Founder Exiting Executive Chair Role

By Tracey Read

Four decades after high-stakes litigation firm Quinn Emanuel Urquhart & Sullivan first opened in Los Angeles, founding partner John B. Quinn is stepping down as executive chairman of the firm effective immediately.

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DISCRIMINATION

ADT Seeks Toss Of Remote Worker's Pregnancy Bias Suit

By Kelcey Caulder

A benefits administrator and a security services company asked a Georgia federal judge to toss several claims brought by a remote worker who alleged she was discriminated against, denied benefits she was owed and denied lactation accommodations after returning from maternity leave.

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WAGE & HOUR

COVID Hazard Pay Counts Toward OT, 11th Circ. Rules

By Benjamin Morse

An Alabama retirement and assisted living facility unlawfully excluded pandemic-related hazard pay from employees' overtime calculations, the Eleventh Circuit ruled, finding that the pay must be included in workers' regular rate under federal wage law.

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Sanctions On Table In Sushi Chef's Wage Suit Against Eatery

By Aaron Keller

A Connecticut federal judge on Monday appeared poised to order sanctions favoring a sushi chef in a proposed class action accusing a Fairfield restaurant of wage violations, criticizing the eatery's attorney for engaging as a purported consultant a client and manager of another restaurant the same chef is suing in New York.

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Farmworkers Say Atty Absence Won't Justify Sanctions Relief

By MJ Koo

Farmworkers accusing a harvesting company of luring them to the U.S. under false promises urged a Colorado federal court Monday to reject the company's attempt to undo sanctions, arguing its attorney's prolonged absence from the case did not constitute excusable neglect.

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5th Circ. Tosses Another DOL Overtime Rule Appeal

By José Luis Martínez

The U.S. Department of Labor will no longer pursue another appeal seeking to save a Biden-era rule that increased the salary threshold for white-collar overtime exemptions.

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LABOR

Trump Administration Must Face NAACP, Unions' Ed. Dept. Suit

By Emily Brill

The Trump administration must continue facing claims that it overstepped its authority by attempting to dismantle the U.S. Department of Education, with a Maryland federal judge saying a lawsuit brought by the NAACP and three unions is strong enough to survive the administration's dismissal motion.

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NLRB Judge Says Kroger Unit's Parking Lot Policy Is Unlawful

By Katherine Smith

A Kroger grocery delivery service violated federal labor law by preventing off-duty employees in Kentucky from soliciting for a Teamsters affiliate on company property, a National Labor Relations Board judge has ruled.

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TRADE SECRETS

Pharma CEO's Role In Ex-Exec's Contract Permits Deposition

By Abigail Harrison

North Carolina's business court has refused to shield the CEO of biopharmaceutical firm United Therapeutics Corp. from being deposed in a trade secrets lawsuit against a former executive and his new employer, finding it reasonable to believe she was an "ultimate decision-maker."

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WHISTLEBLOWER

Counselor Claims Nonprofit Fired Him For Reporting Abuse

By Parker Quinlan

A former counselor at a Pennsylvania juvenile justice facility has filed a lawsuit in state court alleging his ex-employer fired him in retaliation for reporting allegations of physical and sexual abuse against the residents.

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WORKER SAFETY

Boston Transit Agency To Pay $1.6M Over Alleged Assault

By Julie Manganis

The public transit agency for Boston and its nearby suburbs will pay $1.6 million to settle a negligent hiring and retention lawsuit by a passenger who was allegedly beaten by a bus driver with a known history of violence, according to a court filing.

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Estate Says Instacart Shares Blame For Pedestrian's Death

By Jonathan Capriel

The mother of a pedestrian killed in a collision is suing Uber Eats and Instacart, claiming both companies are liable for negligently hiring an unqualified 18-year-old driver who was allegedly making deliveries at the time of the crash without a driver's license and using an unregistered vehicle.

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WRONGFUL TERMINATION

Tech School Fights Fees After Ex-Admin's Firing Case Win

By P.J. D'Annunzio

Upper Bucks County Technical School in Pennsylvania has asked a federal judge not to award a former administrator all requested legal fees and litigation costs or adjust his award for taxes after winning his suit claiming he was fired for criticizing a COVID-19 mask exemption policy.

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EXPERT ANALYSIS

Employer Tips After 4th Circ. Rejects Trimmed Suit Deadlines

The Fourth Circuit's recent holding in Thomas v. EOTech that employers cannot use contractual provisions to shorten statutory filing periods for Title VII or Age Discrimination in Employment Act claims offers a warning for employers to review any such documents and reassess their litigation risk, say attorneys at Ogletree.

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Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

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LEGAL INDUSTRY

How They Won It

Attys For Tufts Profs Didn't Blink In A Tenure Standoff

By Julie Manganis

When Jennifer Henricks and Kevin Peters first learned what was happening to tenured professors at Tufts University School of Medicine in Boston a few years ago, they knew that what was at stake involved more than just a dispute over the terms of a contract.

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Palestinian Ex-Associate Slaps DLA Piper With Bias Claim

By Lynn LaRowe

DLA Piper has been hit with a federal civil rights lawsuit in Illinois from a former summer associate alleging discrimination, a hostile work environment and retaliation based on her identity as a Palestinian, Gazan, Arab and Muslim woman.

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Fired Immigration Judge Says Trump Can't Skirt Bias Laws

By Grace Elletson

A former immigration judge urged a D.C. federal court not to throw out her bias suit challenging her firing, arguing the U.S. Department of Justice was pushing the "breathtaking proposition" that the president was empowered to commit unlawful discrimination.

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Law Student Can't Get School To Nix Kirk Comment Discipline

By Mike Curley

A Texas federal judge on Tuesday said the court cannot force Texas Tech University's leaders to rescind a reprimand against a law student who allegedly celebrated following the death of Charlie Kirk, as the university has sovereign immunity.

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Michigan Dems Noncommittal On Trump's Judicial Pick

By Courtney Bublé

Michigan's two Democratic senators played it coy on Tuesday when asked if they would support the district court nominee for their state that the president announced the night before.

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PayPal Settles Gov't DEI Probe With Small Biz Program

By Sarah Jarvis

The U.S. Department of Justice announced Tuesday that it has reached a settlement with PayPal Inc. to end an investigation into what the department said was a discriminatory investment program for Black- and minority-owned businesses.

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LAW FIRMS IN TODAY'S NEWS

Alden Law Group PLLC

Baker Donelson

Berger Montague

Bredhoff & Kaiser

Breskin Johnson

Brooks Pierce

Chartwell Law

Cohen Milstein

Cooley LLP

DLA Piper

Davis Wright Tremaine

Faegre Drinker

Forsythe Law Firm

Fox Rothschild

Fradin Law

Gesmer Updegrove

Goodwin Procter

HKM Employment Attorneys

Hawkins Parnell

Jackson Lewis PC

Jackson O'Keefe

Marshall Dennehey

McDermott Will & Schulte

McGuireWoods

Morgan & Morgan PA

Morgan Lewis

Norton Rose

O'Hagan Meyer

Ogletree Deakins

Parker Poe

Partridge Snow

Peter Romer-Friedman Law

Quarles & Brady

Quinn Emanuel

Rathod Mohamedbhai

Reiner & Reiner

Seyfarth Shaw

Simon Law Co

Stutheit Kalin

Troutman

Troy Law PLLC

Wilson Elser

Wusinich Sweeney

COMPANIES IN TODAY'S NEWS

ADT Inc.

American Association of University Professors

American Federation of State County & Municipal Employees

Burke Inc.

Claremont McKenna College

Colorado Legal Services

Education Law Center Inc.

GrubHub Inc.

Instacart

International Business Machines Corp.

Lung Biotechnology PBC

Massachusetts Bay Transportation Authority

National Association for the Advancement of Colored People

National Education Association

National Student Legal Defense Network

Occidental Petroleum Corp.

Paypal Holdings Inc.

Ryan LLC

Steward Health Care System LLC

Uber Eats

Uber Technologies Inc.

United Therapeutics Corp.

Volkswagen AG

GOVERNMENT AGENCIES IN TODAY'S NEWS

City of New York

Colorado Attorney General's Office

Commonwealth of Massachusetts

Defense Contract Management Agency

Equal Employment Opportunity Commission

Executive Office for Immigration Review

National Labor Relations Board

New York Supreme Court, New York County

Small Business Administration

U.S. Attorney's Office

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Department of Defense

U.S. Department of Education

U.S. Department of Justice

U.S. Department of Labor

U.S. District Court for the District of Columbia

U.S. District Court for the District of Connecticut

U.S. District Court for the District of Maryland

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of New York

U.S. Supreme Court

United States District Court for the District of Colorado

United States District Court for the Southern District of Georgia