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Employment
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August 20, 2025
Former J&J Atty Slams Sanctions Bid Over Bias Suit
A former Johnson & Johnson data privacy attorney suing the pharmaceutical giant over alleged racial discrimination told a New Jersey federal court that the company's sanctions motion is an unfair move to "weaponize" the rules of civil procedure.
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August 20, 2025
DOJ's Suit Over Ill. E-Verify Restrictions Gets Tossed
An Illinois federal judge on Tuesday denied a bid by the U.S. Department of Justice to block provisions of a recently amended Illinois law restricting the use of systems such as E-Verify to check prospective workers' employment eligibility and dismissed the case outright, calling the DOJ's interpretation of the relevant preemption clause "broad to the point of absurdity."
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August 20, 2025
Nurse Fired After Patient Death Wins $20M Race Bias Verdict
A Colorado federal jury awarded $20 million to a Black nurse who it found was fired out of race bias and retaliation by a medical center that she said falsely accused her of mishandling a patient's end-of-life care, which led to criminal charges against her that were ultimately dropped.
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August 20, 2025
​​​​​​​Farmworkers Union Can't Halt Latest Prevailing Wages Survey
A farmworkers union cannot halt the U.S. Department of Labor from replacing 2020 prevailing wages with 2022 wage-survey results, a Washington federal judge ruled, saying the alleged harm is self-inflicted because the later wages were published following the union's actions.
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August 20, 2025
Navy Investigators Say Feds Shortchanging Resignation Pay
Two investigators with the Naval Criminal Investigative Service on paid leave after signing deferred resignation agreements claim the U.S. government has unlawfully cut law enforcement availability pay they are entitled to.
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August 19, 2025
Expert Chides Charlotte Housing Authority Over Missing Docs
An expert witness turned the tables on the attorney questioning her Tuesday during a former public housing authority coordinator's hostile work environment and retaliation trial in North Carolina after defense counsel questioned how she could accurately opine on the authority's operations without having seen key documents, saying it wasn't because she didn't ask for them.
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August 19, 2025
PE Firm Hit With Contempt, Receiver In Del. Over Legal Bills
A magistrate in the Delaware Chancery Court has entered an order for contempt and sanctions, as well as a receivership, against private equity firm 777 Partners in its former chief financial officer's suit seeking advancement of legal fees in connection with a fraud investigation and multiple lawsuits related to the company's business.
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August 19, 2025
USDOT Flags States' Lapses In Deadly Fla. Truck Crash Probe
The U.S. Department of Transportation on Tuesday called out three states' apparent failures in enforcing licensing standards for commercial truck drivers following last week's deadly highway crash in Florida that left three people dead and instantly became a flash point for the Trump administration's hard-line immigration policies.
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August 19, 2025
Ga. Salon's Ex-Worker Sues Over 'Egregious' Sexual Abuse
An Atlanta hair salon has been hit with a lawsuit from a former employee alleging that she was "systematically preyed upon and sexually assaulted" by its owner, who she says pressured her into performing sexual favors and retaliated against other workers who tried to intervene.
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August 19, 2025
Nurses Say They Were Underpaid, Overworked At Hospital
A Chicagoland hospital network pressured its nurses to work late and through their breaks without pay because it was so understaffed, a group of current and former nurses claimed in Illinois federal court, looking to recoup the pay they say they lost through a wage and hour lawsuit.
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August 19, 2025
Tenn. Judge Trims Healthcare Contract TRAP Suit
A Tennessee federal judge dismissed Fair Labor Standards Act claims brought by operating room technicians claiming their ex-employer, SpecialtyCare, unlawfully required them to repay tens of thousands of dollars for specialty training, plus interest, if they quit within three years, but the judge greenlit their Truth in Lending Act claims.
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August 19, 2025
Faulty Expert Testimony Dooms Suit Against Norfolk Southern
The Georgia Court of Appeals on Tuesday threw out a suit seeking to hold Norfolk Southern liable for a longtime worker's hip injuries, saying the plaintiff's medical expert submitted a report that did not properly discuss how the alleged negligence caused his injuries.
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August 19, 2025
Judge Backs NBA In Referee's Vaccine Mandate Fight
The NBA secured a partial victory in a religious discrimination lawsuit challenging its COVID-19 protocols, with a Manhattan federal judge tossing the testimony of a fired referee's expert witness and ruling that the league's refusal to let him work unvaccinated was a justified business necessity.
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August 19, 2025
Nonprofits, Union Fight Withholding Of AmeriCorps Funds
A group of nonprofits and a union added claims to their suit in Maryland federal court aiming to stop the Trump administration from dismantling AmeriCorps, accusing the Office of Management and Budget of unlawfully withholding millions of dollars appropriated by Congress for grant programs.
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August 19, 2025
Chancery Dings Marsh McLennan Over Defection Suit Conduct
In sometimes chiding language, a Delaware vice chancellor ruled on Tuesday a New York federal judge will go first in a multicourt battle over Delaware-chartered insurance brokerage Marsh McLennan's challenges to employee defections allegedly orchestrated by Howden Holdings Ltd.
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August 19, 2025
Connecticut Cruise Line Settles Background Check Suit
A Connecticut-based cruise line has reached a settlement with a former job applicant in a putative class action accusing the company of violating a prospective employee's rights by refusing to share a copy of his background check with him before rejecting him.
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August 19, 2025
Ex-Copyright Chief Says Trump Overstepped Role In Firing Her
The fired leader of the U.S. Copyright Office urged the D.C. Circuit to reject the Trump administration's arguments that her dismissal was lawful, asking the appeals court on Tuesday to return her to her job before Congress returns from recess Sept. 2.
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August 19, 2025
Fanatics, NFT Co. Get Parental Leave Suit Narrowed
Fanatics LLC and a digital collectibles company knocked out part of a suit from a former executive who said he was fired for seeking parental leave, with a New York federal judge nixing his retaliation claim but letting allegations that the companies interfered with his leave rights move ahead.
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August 19, 2025
Title Insurer Says No Fiduciary Duty Owed To Board Members
A Connecticut-based title insurance company and its subsidiary have argued in a court filing that a former board member lacks standing under Delaware and Florida law to assert fiduciary duty claims against fellow directors, the companies and their in-house counsel.
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August 19, 2025
Chicago Suburb Sued Over Medical History Probes
The city of Evanston, Illinois, was hit with a state court lawsuit by job applicants who allege its questions about their family medical histories violated an Illinois law barring employers from asking about genetic information and using it to make employment decisions.
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August 19, 2025
Pizza Chain Avoids Sanctions For Missing Payroll Docs
An operator of Michigan pizza restaurants will not face sanctions in a wage suit over payroll records a group of drivers claimed were missing because the company was not aware the documents were lost, a Michigan federal judge ruled on Tuesday.
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August 19, 2025
Alcoa Retirees Ask 7th Circ. To Back Lifetime Benefits Order
A group of retirees and the United Steelworkers urged the Seventh Circuit not to pause a lower court's order requiring Alcoa USA Corp. to reinstate lifetime access to a healthcare plan, raising concerns about elderly retirees dying and not receiving benefits.
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August 19, 2025
Energy Co. Gets Overtime Case Pushed Into Arbitration
A North Carolina federal judge pushed into arbitration a quality control worker's overtime suit against a clean energy manufacturing company, ruling that the arbitration agreement the company presented to him while he was a putative member in a related case is valid.
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August 19, 2025
Trump's 'Abnormal' Use Of FCA Could Get Tricky In Court
The Trump administration is wielding the False Claims Act in unusually narrow ways to drive policies on social and cultural issues — including gender-affirming care and diversity, equity and inclusion programs — but the government's potential theories of liability under the federal law remain largely untested and might not hold up in court, experts say.
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August 19, 2025
5th Circ. Says NLRB Structure Likely Unconstitutional
The Fifth Circuit on Tuesday upheld injunctions barring the National Labor Relations Board from prosecuting unfair labor practice cases against SpaceX and two other companies, saying the removal protections that federal labor law gives board members and agency judges likely violate the U.S. Constitution.
Expert Analysis
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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How Justices Rule On Straight Bias May Shift Worker Suits
Following oral argument at the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, in which a heterosexual woman sued her employer for sexual orientation discrimination, the forthcoming decision may create a perfect storm for employers amid recent attacks on diversity, equity and inclusion, say attorneys at Proskauer.
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
Contrary to a recent À¶Ý®ÊÓÆµ guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.
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PG&E Win Boosts Employers' Defamation Defense
A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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Explaining CFPB's Legal Duties Under The Dodd-Frank Act
While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the CFPB in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Employer Tips To Navigate Cultural Flashpoints Investigations
As companies are increasingly flooded with complaints of employees violating policies related to polarizing social, cultural or political issues, employers should beware the distinct concerns and increased risk in flashpoints investigations compared to routine workplace probes, say attorneys at Seyfarth.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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A Path Forward For Employers, Regardless Of DEI Stance
Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Bias Suit Shows WNBA Growing Pains On Court And In Court
A newly filed disability discrimination and retaliation lawsuit against the Los Angeles Sparks is the latest in a series of employment discrimination disputes filed by WNBA professionals, highlighting teams' obligation to meet elevated workplace expectations and the league's role in facilitating an inclusive work environment, say attorneys at Michelman & Robinson.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.