LexisNexis® Legal Newsroom
    3rd Circ. Says Qualcomm Shareholder Vote Was Authorized

    Qualcomm Inc. remained free of claims that company executives weren’t authorized to slate a tax-friendly amended stock bonus plan for a shareholder vote, with the Third Circuit ruling Friday that the board had delegated “broad powers” to the executives to oversee such plans.

    Trucking Co. To Pay $3.45M To Settle Minimum Wage Suit

    An Arkansas federal judge on Friday granted preliminary approval to a $3.45 million settlement by PAM Transport Inc. to end a class action involving truck drivers who alleged they were not paid minimum wages.

    NJ Court Revives Nurse's Disability Bias Claim In Split Ruling

    A nurse came out on the winning end of a rare split decision from the New Jersey Appellate Division on Friday that revived her disability discrimination suit against Saint Clare's Health System and found no clear evidence that she couldn't perform her job.

    5 Do’s And Don’ts For Employers After NJ’s Ethicon Ruling

    A recent New Jersey Supreme Court decision that the state's whistleblower law covers watchdog employees in performing their regular duties has employers fearing more suits, but there are ways to ensure companies are protected when a firing blows up into litigation. Here, experts provide tips for employers in the state.

    5 Insights From 3M General Counsel Ivan Fong

    Going in-house for the right reasons and for the right company can be one of the most rewarding professional decisions you can make. It also comes with a certain amount of risk, for your career may rise or fall due to business or industry tailwinds or headwinds beyond your control, says Ivan Fong, general counsel for 3M Company and former GC of the U.S. Department of Homeland Security.

    Deflategate, Reinsurance Disputes And Arbitrator Bias

    Although NFL fans do not routinely contemplate issues of arbitrator bias, partiality arguments made by New England Patriot's quarterback Tom Brady during ongoing litigation over his "deflategate" suspension are similar to common arguments made during reinsurance arbitration disputes, J.P. Jaillet at Choate Hall & Stewart LLP.

    Hospital Chain Pays Heavily For Being Too Clever

    One substantive lesson from Doughramji v. Community Health Systems Inc. is that when a defendant in a False Claims Act qui tam case pays money for the release of a relator's claim, the relator will likely be entitled to reasonable attorneys' fees as a prevailing party unless the settlement agreement says otherwise — and says it unambiguously, says Norman Tabler Jr. of Faegre Baker Daniels LLP.

    NLRB Puts Spotlight On Employers' Business Relationships

    The National Labor Relations Board's blockbuster decision on Thursday changing its joint employer standard expanded the universe of entities that could be saddled with unfair labor practice liabilities and bargaining obligations, a move that lawyers say should prompt employers to re-evaluate business relationships with the broader joint employer definition in mind.

    Miss. Hospital Beats EEOC Suit Over Firing Of Injured Nurse

    A Mississippi federal judge on Thursday tossed a discrimination lawsuit filed by the Equal Employment Opportunity Commission against a Vicksburg, Mississippi, hospital, holding the commission failed to meet its burden that an injured nurse was protected by the Americans with Disabilities Act.

    Genesis Healthcare Faces FCA Row Over Unneeded Therapies

    Genesis Healthcare LLC is facing a consolidated False Claims Act suit brought by a group of therapists who claim the health care provider overcharged the government for therapies and put patients through unnecessary treatments to extract more money, according to a complaint unsealed Thursday in Pennsylvania federal court.

    DOL Sues Ohio Televangelist's Buffet For Wage Violations

    A televangelist served up pizza casserole and baked chicken at his Ohio buffet restaurant together with numerous sides of labor law violations, a filing in Ohio federal court alleges.

    Minor Leaguers' MLB Antitrust Pay Case Could Strike Out

    A California federal judge on Thursday sounded ready to dismiss a putative class action accusing Major League Baseball of violating federal antitrust law by suppressing minor leaguers’ compensation, saying the Ninth Circuit this year affirmed that Major League Baseball remains exempt under antitrust law.

    Morgan Stanley Hit With $20M Retaliatory-Firing Suit

    Morgan Stanley was sued for $20 million on Thursday by two former brokers who say they were fired in retaliation for bringing up fraud and illegal activity at the megabank.

    Wash. Public Worker Must Reveal Texts On Personal Phone

    A public employee’s work-related texts sent on a private cellphone while working are public records subject to disclosure, the Washington Supreme Court ruled Thursday, ordering a county prosecutor to produce text messages in response to a records request.

    DOL, USCIS Seek Ideas On Info Collection Changes

    U.S. Citizenship and Immigration Services has issued a notice extending the period for public comment on its information collection regarding the L-1 blanket petition, while the U.S. Department of Labor has issued its own notice asking for revisions to the National Agriculture Workers Survey.

    11th Circ. Revives Ex-TransUnion Exec's Noncompete Battle

    The Eleventh Circuit on Thursday ruled that a lower court erred by finding that a section of Florida’s noncompete law could be used to enforce injunctions on restrictive covenants, reviving an executive’s bid to kill enforcement of his agreement with TransUnion Risk and Alternative Data Solutions Inc.

    Oil Well Monitors Score Cert. In OT Collective Action

    Flow testers responsible for monitoring oil and gas wells scored conditional certification in Texas federal court Thursday in a collective action accusing their employer of violating the Fair Labor Standards Act by improperly classifying them as independent contractors in order to stiff them on overtime pay.

    3rd Circ. Won't Revive Quest Diagnostics Kickbacks Row

    The Third Circuit refused Wednesday to revive a suit brought by a Pennsylvania physician alleging Quest Diagnostics Inc. offered doctors perks and kickbacks for referrals, holding he failed to overcome the False Claims Act's provisions prohibiting claims based on information that’s already publicly disclosed.

    Clerk’s Appeal Can’t Hold Up Marriage Licenses, 6th Circ. Says

    A Kentucky clerk who has refused to hand out any marriage licenses in protest of the U.S. Supreme Court’s landmark decision legalizing same-sex marriage nationwide must issue licenses while appealing her case, the Sixth Circuit ruled Wednesday.

    CVS Warehouse Workers Lower Attys' Fee Request In Deal

    Counsel for CVS Pharmacy Inc. warehouse employees on Wednesday reduced their requested attorneys’ fees in a $900,000 deal to settle claims that CVS didn't compensate them for off-the-clock work, after a California magistrate judge said counsel’s previous request was too high.

    DOL Contracting Rule Needs More Dialogue, ABA Says

    A division of the American Bar Association asked the U.S. Department of Labor and the Federal Acquisition Regulatory Council on Wednesday to revoke and reissue proposed guidance for a proposed contracting regulation, saying the rule needs more vetting by stakeholders. 

    Air Force Drone Contractor Pays Nearly $1M In Back Wages

    General Atomics Aeronautical Systems Inc. has paid 901 employees a total of $945,000 in back wages after a U.S. Department of Labor investigation found it was paying remote job site workers based on where they were based, not where they did the job, according to an announcement Thursday.

    BofA Slams 'Vexatious' Objector To $9M Part-Timers Deal

    Bank of America Corp., along with the lead class plaintiff accusing the bank of shorting part-time employees, on Wednesday criticized objections to a $9 million settlement of the suit as frivolous and the work of a serial vexatious litigant.

    EEOC Wants In On Oral Arguments In Sage Trans Bias Case

    The Equal Employment Opportunity Commission wants to argue on behalf of a transgender truck driving instructor who is trying to revive a sex discrimination suit against Sage Corp., telling the Fifth Circuit Wednesday the case raises a critical question about workplace discrimination.

    Calif. Court Urged to Depublish Chipotle Class Cert. Ruling

    The California Supreme Court should depublish an appellate decision delaying the appeal of Chipotle Mexican Grill Inc. employees' denied class certification, a lawyers association argued Wednesday, saying the ruling will create confusion  about how to balance the timing of an appeal and litigants' rights and clashes with longstanding precedent.