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Unanimous High Court: Private Attorney Hired By Government Entitled To Immunity

WASHINGTON, D.C. - (Mealey's) A private attorney who is temporarily retained by the government to carry out the government's work may seek qualified immunity from a lawsuit under 42 U.S. Code Section 1983, a unanimous U.S. Supreme Court ruled...

Published Tue, Apr 17 2012 4:38 PM by Bajeerah LaCava

Filed under: litigation, U.S. Supreme Court, employment law, Nicolas Delia, Fire Department of the City of Rialto, Steve A. Filarsky v. Nicholas B. Delia, qualified immunity, 42 U.S. Code Section 1983, Steve Filarsky, firefighter
U.S. Supreme Court Hears Arguments On Overtime For Pharmaceutical Reps

WASHINGTON, D.C. - (Mealey's) Pharmaceutical sales representatives, or "detailers," "tout" drugs to doctors but do not actually engage in sales as defined in the Fair Labor Standards Act (FLSA) and thus are entitled to overtime...

Published Mon, Apr 16 2012 4:33 PM by Bajeerah LaCava

Filed under: litigation, U.S. Supreme Court, employment law, GlaxoSmithKline, U.S. Department of Labor, FLSA, Fair Labor Standards Act, Auer v. Robbins, DOL, detailers, SmithKline Beecham Corp., Inc. v. Natural Resources Defense Council, overtime pay, Michael Christopher, Chevron U.S.A., Frank Buchanan, Michael Shane Christopher v. SmithKline Beecham Corporation, Pharmaceutical sales representatives, Hour Litig., In re Novartis Wage &amp
Williams Mullen: EEOC Final Rule Clarifies Age Discrimination In Employment Act Defense

B y David C. Burton and Reba Mendoza On March 29, 2012, the Equal Employment Opportunity Commission ("EEOC") issued a final rule amending the Age Discrimination in Employment Act ("ADEA") regulations in the wake of the United States...

Published Wed, Apr 4 2012 3:56 PM by Williams Mullen

Filed under: litigation, employment law, Equal Employment Opportunity Commission, EEOC, United States Supreme Court, ADEA, David C. Burton, Smith v. City of Jackson, Meacham v. Knolls Atomic Power Lab, Age Discrimination in Employment Act, Reba Mendoza
U.S. High Court Majority Upholds State's Immunity From Employee's Bias Suit

WASHINGTON, D.C. - (Mealey's) A state employee is blocked by sovereign immunity from recovering damages from his state employer for claims of discrimination brought under the self-care provision of the Family and Medical Leave Act (FMLA), a split...

Published Tue, Mar 20 2012 1:23 PM by Bajeerah LaCava

Filed under: litigation, U.S. Supreme Court, discrimination, employment law, Fourth Circuit, FMLA, Family and Medical Leave Act, Daniel Coleman v. Court of Appeals of Maryland, sovereign immunity, Justice Anthony M. Kennedy
U.S. Supreme Court Rules On Disability Benefits Calculation

WASHINGTON, D.C. - (Mealey's) An injured maritime worker's compensation is based on the rate at the time he or she becomes disabled regardless of when a compensation order is issued, a split U.S. Supreme Court ruled March 20 ( Dana Roberts v....

Published Tue, Mar 20 2012 12:54 PM by Bajeerah LaCava

Filed under: litigation, U.S. Supreme Court, employment law, personal injury, Ninth Circuit, Longshore and Harbor Workers' Compensation Act, LHWCA, Dana Roberts v. Sea-Land Services, Department of Labor's Benefits Review Board, Dana Roberts, Sea-Land Services Inc
Williams Mullen: Fiduciary Not Liable For Money Damages In Action To Recover Death Benefits: Stocks v. Life Ins. Co. Of North America

B y Mark S. Thomas and Robert W. Shaw A federal district court recently applied the U. S. Supreme Court's decision in CIGNA Corp. v. Amara (2011) [ enhanced version available to lexis.com subscribers ], in a practical setting that illuminates both...

Published Fri, Mar 16 2012 3:10 PM by Williams Mullen

Filed under: litigation, employment law, ERISA, Williams Mullen, Mark S. Thomas, Robert W. Shaw, Stocks v. Life Insurance Company of North America, Grede II, CIGNA Corp. v. Amara, group life and accidental death and disability plan, Kenseth v. Dean Health Plan, employee benefits, U. S. Supreme Court, breach of fiduciary duty
Abbey Spanier LLP: California Court Chips Away At Employees' Right To Bring Class Actions

Recently we posted in NLRB Finds Class Action Litigation Protected Activity Under NLRA that employees' right to pursue litigation collectively in a class action had been upheld by the National Labor Relations Board (NLRB). Unfortunately, although...

Published Fri, Mar 16 2012 11:29 AM by Abbey Spanier

Filed under: litigation, California, class action, employment law, NLRB, National Labor Relations Board, class action litigation, D.R. Horton Inc., NLRA, Abbey Spanier LLP, J.I. Case Co. v. NLRB, National Labor Relations Act
Supreme Court Hears Arguments On Jurisdiction Of Federal Employees' Lawsuit

WASHINGTON, D.C. - (Mealey's) The U.S. Congress, through the Civil Service Reform Act (CSRA), did not revoke the district courts' jurisdiction over lawsuits brought by federal employees seeking to declare acts of Congress unconstitutional, the...

Published Tue, Feb 28 2012 1:08 PM by Bajeerah LaCava

Filed under: litigation, U.S. Supreme Court, employment law, Congress, Michael B. Elgin v. Department of the Treasury, Civil Service Reform Act, CSRA
Split U.S. High Court Grants Officers Immunity In Defective Warrant Lawsuit

WASHINGTON, D.C. - (Mealey's) Police officers who executed a search warrant that was later found to be defective are nonetheless entitled to qualified immunity in a lawsuit filed by the individuals who were the subject of the search, a split U.S....

Published Wed, Feb 22 2012 2:17 PM by Bajeerah LaCava

Filed under: lawsuit, litigation, U.S. Supreme Court, employment law, qualified immunity, Los Angeles County Sheriff's Department, Curt Messerschmidt v. Brenda Millender, Shelly Kelly, police officers, search warrant, labor, Jerry Bowen
Abbey Spanier: NLRB Finds Class Action Litigation Protected Activity Under NLRA

By Jeremy Nash The National Labor Relation Board's (NLRB) recent ruling in D.R. Horton Inc. answered an important question presented by the U.S. Supreme Court's ruling last Spring in AT&T Mobility LLC v. Concepcion : does federal policy favoring...

Published Thu, Jan 26 2012 4:43 PM by Abbey Spanier

Filed under: litigation, U.S. Supreme Court, employment law, class actions, T Mobility LLC v. Concepcion, AT&amp, Abbey Spanier Rodd &amp, Abrams, Arbitration Fairness Act, (NLRB, NELA, D.R. Horton Inc., National Employment Lawyers Association, National Labor Relation Board
U.S. Supreme Court Hears Arguments On Immunity For Private Attorney Retained By Government

WASHINGTON, D.C. - (Mealey's) When a private attorney is temporarily retained by the government to work with or under government employees, that attorney is entitled to the same qualified immunity that government employees receive, the attorney representing...

Published Wed, Jan 18 2012 12:02 AM by Bajeerah LaCava

Filed under: litigation, U.S. Supreme Court, Fourth Amendment, employment law, Ninth Circuit, warrantless search, Nicolas Delia, Steve A. Filarsky, Fire Department of the City of Rialto, Steve A. Filarsky v. Nicholas B. Delia, government employees, qualified immunity
Seyfarth Shaw's 8th Annual Workplace Class Action Litigation Report Reviews 'Transformative Year' In Employment Class Actions, Sees Ripple Effect Through 2012

Supreme Court rulings in Dukes and Concepcion will reverberate as plaintiffs' bar re-boots class certification strategies and employers formulate new defenses CHICAGO - Leading employment law firm Seyfarth Shaw LLP has issued its annual Workplace...

Published Fri, Jan 13 2012 5:06 PM by LexisNexis Litigation Resource Community Staff

Filed under: litigation, employment law, class actions, EEOC, Concepcion, AT&amp, Seyfarth Shaw, Wal-Mart Stores v. Dukes, employment class actions, employment litigation, Dukes, T Mobility v. Concepcion
High Court Hears Arguments On States' Immunity To Family, Medical Leave Claims

WASHINGTON, D.C. - (Mealey's) The Family and Medical Leave Act (FMLA) abrogates states' immunity from suits by citizens seeking monetary relief from the states, the attorney for a former Maryland Court of Appeals employee argued Jan. 11 before...

Published Wed, Jan 11 2012 11:55 PM by Bajeerah LaCava

Filed under: litigation, U.S. Supreme Court, employment law, Michael L. Foreman, FMLA, Dickinson School of Law, Family and Medical Leave Act, Daniel Coleman v. Court of Appeals of Maryland, Civil Rights Appellate Clinic
High Court Hears Arguments In Case Over Union Agency Fees

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court heard oral arguments Jan. 10 in a case challenging what constitutes proper notice of temporary mid-year fees assessed by a union and used for political purposes and whether the appeal is moot because...

Published Wed, Jan 11 2012 11:52 AM by Bajeerah LaCava

Filed under: litigation, U.S. Supreme Court, class action, employment law, Local 1000, union agency fees, union, Dianne Knox v. Service Employees International Union
Split Supreme Court: Federal Prisoner May Not Sue Prison Employees Under Bivens

WASHINGTON, D.C. - (Mealey's) A federal prisoner who alleges that he has been mistreated while behind bars has no grounds to proceed with his suit against individual employers of the prison under Bivens v. Six Unknown Named Agents of Federal Bureau...

Published Tue, Jan 10 2012 9:22 PM by Bajeerah LaCava

Filed under: litigation, U.S. Supreme Court, employment law, Margaret Minneci v. Richard Lee Pollard, Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, Wilkie v. Robbins, federal prisoner, prison

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Unanimous High Court: Private Attorney Hired By Government Entitled To Immunity

U.S. Supreme Court Hears Arguments On Overtime For Pharmaceutical Reps

Williams Mullen: EEOC Final Rule Clarifies Age Discrimination In Employment Act Defense

U.S. High Court Majority Upholds State's Immunity From Employee's Bias Suit

U.S. Supreme Court Rules On Disability Benefits Calculation

Williams Mullen: Fiduciary Not Liable For Money Damages In Action To Recover Death Benefits: Stocks v. Life Ins. Co. Of North America

Abbey Spanier LLP: California Court Chips Away At Employees' Right To Bring Class Actions

Supreme Court Hears Arguments On Jurisdiction Of Federal Employees' Lawsuit

Split U.S. High Court Grants Officers Immunity In Defective Warrant Lawsuit

Abbey Spanier: NLRB Finds Class Action Litigation Protected Activity Under NLRA

U.S. Supreme Court Hears Arguments On Immunity For Private Attorney Retained By Government

Seyfarth Shaw's 8th Annual Workplace Class Action Litigation Report Reviews 'Transformative Year' In Employment Class Actions, Sees Ripple Effect Through 2012

High Court Hears Arguments On States' Immunity To Family, Medical Leave Claims

High Court Hears Arguments In Case Over Union Agency Fees

Split Supreme Court: Federal Prisoner May Not Sue Prison Employees Under Bivens