LexisNexis® Legal Newsroom
    O’Bannon Is A Tie But Weighs Against NCAA In The Long Run

    While the National Collegiate Athletic Association may claim a win over not having to make payments to athletes for licensing their names, images and likenesses, that victory should be tempered by both the Ninth Circuit’s refusal to give the NCAA any level of immunity from antitrust scrutiny and the possibility of loss on appeal, says Timothy Epstein of Duggan Bertsch LLC.

    Defense Calls for Discovery Sanctions in Cochran Firm IP Tiff

    A former partner of the late Johnnie Cochran asked a California federal judge Friday to sanction the director of the Cochran Firm PC for refusing to hand over discovery materials about a back-office facility in Alabama at issue in a trademark fight over the use of the Cochran name.

    Nurses' Registry To Pay $16M To Settle False Claims Suit

    Kentucky-based Nurses' Registry and Home Health Corp. has agreed to pay $16 million to settle a whistleblower suit accusing it of Medicare fraud, according to a proposed stipulation filed Friday in federal court.

    Feds Call In Mine Safety Attys As Blankenship Trial Begins

    West Virginia’s U.S. attorney has conscripted two Department of Labor mine safety lawyers as special prosecutors for the trial of former Massey Energy Co. CEO Don Blankenship, new filings revealed Thursday, as jury selection began on charges he mandated safety shortcuts before a 29-death mine explosion.

    Minor Leaguers Likely To Get Conditional Cert. In Wage Suit

    A California federal magistrate judge said Friday that he's likely to conditionally certify a collective action of minor league baseball players who say Major League Baseball deprived them of minimum and overtime wages, saying he thinks they have enough common issues to go forward collectively.

    EEOC Says Suit Over Worker Wellness Program Is Timely

    The U.S. Equal Employment Opportunity Commission on Friday urged a Wisconsin federal judge to deny Orion Energy Systems Inc.’s bid to add a "futile" statute of limitations defense to its answer to the agency's first-of-its-kind lawsuit, which claims an employee was penalized and ultimately fired for opting out of a wellness program.

    US Food Says Sales Aces Took Confidential Info To Rival

    U.S. Foods Inc. has accused its direct rival Performance Food Group Co. of poaching two of its top sales employees, who absconded with confidential information and used the information to lure away U.S. Foods customers in violation of nonsolicitation pacts, according to an Illinois federal court suit filed Thursday.

    NCAA To Examine Athlete Time Demands For Major Sports

    The NCAA said the Division I Council will take a look at the time demands placed on student-athletes competing at the highest level of college sports amid legal challenges to its amateurism model and a nationwide debate over whether college student-athletes should be paid. 

    KPMG Loses Tolling Reconsideration Bid In Sex Bias Suit

    A New York federal judge on Friday denied a bid by KPMG LLP to reconsider a recent order allowing hundreds of women to opt into a $400 million collective action claiming the firm underpaid female employees, saying its arguments were meritless.

    5th Circ. Stands By Dismissal Of $50M FCA Suit

    The Fifth Circuit said Friday it would not rehear a once-bankrupt whistleblower’s appeal of a Texas federal judge’s dismissal of a $50 million False Claims Act case against a U.S. Air Force contractor, likely queuing up a U.S. Supreme Court petition.

    6th Circ. Revives Ex-Ford Worker's Denied Disability Suit

    The Sixth Circuit on Friday revived a former Ford employee’s suit against UniCare Life and Health Insurance in which she said she was intentionally denied disability benefits after being terminated.

    Fed. Circ. Denies Google Rehearing Bid In IP Contract Row

    A Federal Circuit panel on Friday rebuffed Google Inc.'s request that it review its ruling rejecting the tech giant's bid to reinstate a jury verdict that an inventor who sued the company for patent infringement breached a contract with his former employer by obtaining the patents.

    Bulk Of Texas Strip Club FLSA Row Can Stay In Fed. Court

    Four strip clubs in Houston will have to face a Fair Labor Standards Act lawsuit filed by a group of dancers who say that they were misclassified as independent contractors after a Texas federal judge ruled this week that all but one of them can keep their claims in court and out of arbitration.

    Genova Burns' Role Prompts Recusal In Oil Field OT Fight

    A New Jersey federal judge on Thursday recused himself from a putative labor class action against an oil field services company being represented by Genova Burns LLC, the same firm that is also representing his nephews as they fight against a murder-suicide determination on their parents' cause of death.

    Bait Worm Farming Is Agriculture, 6th Circ. Says

    The Sixth Circuit on Friday upheld a lower court’s decision that said that growing and raising worms for fish bait is a type of agriculture, and thus exempt from paying employees overtime, saying that there is little to distinguish a worm farm from a traditional one other than the unfamiliarity of worm farming.

    Sen. Asks 5th Circ. To Nix KBR Human Trafficking Decision

    Sen. Richard Blumenthal, D-Conn., who co-chairs the Caucus to End Human Trafficking, asked the Fifth Circuit Thursday to reverse a decision by a Texas federal judge in a case against KBR that he said risks undermining congressional attempts to hold military contractors accountable for human trafficking.

    The NLRB Developments GCs Should Know About

    The National Labor Relations Board spent its summer preparing to say goodbye to outgoing member Harry Johnson and issuing a flurry of rulings that touched on questions including what defines joint employers, student athletes and employer successors. Here, Law360 looks at the rulings that should be on GCs' radar.

    Circle K Settles National Origin Discrimination Suit

    Circle K Stores Inc. settled a discrimination suit brought by a former store manager in Arizona who claimed that he was fired after complaining of unequal treatment based on his national origin and gender, according to documents filed on Friday in Arizona federal court.

    EEOC, Tire Retailer Urged To Talk Settlement In Sex Bias Suit

    A New York federal judge on Friday urged the U.S. Equal Employment Opportunity Commission and Mavis Discount Tire to settle the government's sex discrimination suit against the retailer, as plaintiffs attorneys said their client is frustrated that the nearly four-year-old case has languished in court.

    Verizon Retailer To Pay $1.3M To Settle OT Class Action

    We R Wireless Inc., a New Jersey-based Verizon Wireless retailer, has agreed to pay $1.3 million to end a collective action alleging it misclassified employees as exempt from the Fair Labor Standards Act's overtime requirements, according to a Thursday filing in federal court.

    Feds Reach Deal With Wash. Labor Agency Over Bias Claims

    A Washington labor agency has agreed to certain reforms to settle complaints filed by limited English speakers who claimed they experienced discrimination in the state’s workers’ compensation program, the U.S. Labor and Justice departments said on Thursday.

    2nd Circ. Looks Ready To Ground Pilots' Labor Beef For Good

    A group of senior American Airlines pilots taxied into the Second Circuit on Friday in a last-ditch attempt to undo a bankruptcy court’s approval of a collective bargaining agreement that trimmed their benefits, but three judges showed little appetite to accept their proposed interpretation of a key bankruptcy-labor statute.

    Gordon & Rees Snags Clark Hill Labor, Food, Real Estate Pro

    Gordon & Rees LLP has landed a new partner from Clark Hill PLC with significant experience in real estate and commercial litigation, including work in the food and beverage industry and employment law, to join its team in Chicago, the firm announced.

    Knicks Lose Calif. Appeal To Dodge Workers' Comp Claim

    The New York Knicks can be held liable under California’s workers’ compensation law for contributing to the disability of former player Durand "Rudy" Macklin, who played briefly for the Los Angeles Clippers after leaving the Knicks, a California appeals court affirmed Thursday in a precedent-setting opinion.

    NJ Employers Gain New Leverage Against Disloyal Workers

    A recent New Jersey Supreme Court decision pushed open the door to salary disgorgement for swindled employers and may encourage more companies to aggressively seek restitution from disloyal employees, especially high-level decision makers.