Labor and Employment Law

Recent Posts

The Scope of Discovery is Changing!
Posted on 22 Oct 2015 by Philip Miles

The Pennsylvania Bar Institute (PBI - famous for their "yellow books" in these parts) contacted me to update a chapter I had previously contributed to their Taking and Defending Depositions coursebook - seminar coming soon to Philly , Pittsburgh... Read More

Employers, Don't Try to Dismiss That Lawsuit Before Its Time
Posted on 7 Oct 2011 by Robin Shea

Human Resources and in-house counsel, please consider this a legal "consumer report." Remember - we offer a "no legalese" guarantee, or your money back! My fellow employment lawyers, is that Rule 12(b)(6) motion really necessary... Read More

Commercial Law and the Importance of Affidavits
Posted on 4 Sep 2008 by James W. Adams, Jr.

Affidavits? Arent those the things we give to the staff to draft? We commercial lawyers dont have time to spend on a measly form document. We business litigators are too busy to deal with the merely mundane. Well--maybe not so fast. In Bernal v. All... Read More

Tags: Litigation

5 Reasons for Employers to "Hold Their Fire" on Dismissal of Employment Suits
Posted on 19 Oct 2011 by Robin Shea

As they said at Bunker Hill, "Don't fire until you see the whites of their eyes!" Last week, I wrote about early motions to dismiss employment lawsuits under Rule 12(b)(6) and questioned whether they were always the best strategy for... Read More

How to Avoid Employee Lawsuits and Reduce Litigation Costs in Tough Economic Times
Posted on 12 Oct 2010 by Bullivant Houser Bailey PC

DRI In-House Counsel Magazine Amid the explosion of employment administrative claims and lawsuits in these tough economic times, there is an increased desire by corporate counsel to properly manage costs of defending these types of claims. There... Read More

Settling a Discrimination or Harassment Lawsuit
Posted on 17 Nov 2011 by Margaret (Molly) DiBianca

GOP presidential contender Herman Cain has been in the news for more than his political platform recently. Instead of addressing issues like job creation, Cain has been facing tough questions about on-the-job harassment. Specifically, Cain is having... Read More

Benton on the Jurisdictional Provisions of the Carmack Amendment
Posted on 23 Sep 2009 by Eric R. Benton

Pursuant to the North American Free Trade Agreement (NAFTA), shipments to and from the United States to Canada and Mexico are increasing. When a shipment is lost or damaged, the courts are faced with the question of whether the full liability provisions... Read More

Tags: Litigation

Hertz Corp. v. Melinda Friend, et al.
Posted on 30 Nov 2009 by James M. Wilson, Jr.

On November 10, 2009, the Supreme Court heard oral argument in Hertz Corp. v. Melinda Friend, case to determine an unsettled jurisdictional question that arises in federal courts: for purposes of diversity jurisdiction, where is a company’s principal... Read More

Tags: Litigation

Initial Discovery Protocols for Employment-Discrimination Cases
Posted on 9 Dec 2011 by Margaret (Molly) DiBianca

The exchange of initial disclosures between parties in a lawsuit brought in federal court is not generally considered the most useful endeavor. The parties have to exchange a few pieces of information but, for the most part, expect to get into the... Read More

Chief Justice Denies Request To Shut Down NLRB
Posted on 3 Jul 2013 by Bajeerah LaCava

WASHINGTON, D.C. — (Mealey’s) U.S. Supreme Court Chief Justice John G. Roberts Jr. on July 2 denied an emergency application filed a day earlier seeking to halt National Labor Relations Board (NLRB) proceedings pending a decision on the dispute... Read More

Fulbright's 9th Annual Litigation Trends Survey: Litigation Bounces Back; Regulation Hits High
Posted on 26 Feb 2013 by Norton Rose Fulbright

Companies in the United States and United Kingdom dealt with more litigation while regulatory investigations reached a five-year high, according to Fulbright's 9 th Annual Litigation Trends Survey . After a one-year decline, litigation rose to... Read More

5 Signs That You'll Lose Your Sexual Harassment Case
Posted on 18 Nov 2011 by Robin Shea

DISCLAIMER: Today's post has absolutely nothing to do with Veterans Day. But thank you, veterans! Last week, I was pretty hard on Herman Cain and his response to allegations of sexual harassment . Since then, two women have come forward publicly... Read More

Emergency Application Filed With U.S. High Court Seeking To Halt NLRB Actions
Posted on 2 Jul 2013 by Bajeerah LaCava

WASHINGTON, D.C. — (Mealey’s) CSC Holdings LLC and its direct subsidiary Cablevision Systems New York City Corp. filed an emergency application with Chief Justice John G. Roberts Jr. on July 1 seeking to halt National Labor Relations Board... Read More

How to Avoid Employee Lawsuits and Reduce Litigation Costs in Tough Economic Times
Posted on 12 Oct 2010 by Bullivant Houser Bailey PC

DRI In-House Counsel Magazine Amid the explosion of employment administrative claims and lawsuits in these tough economic times, there is an increased desire by corporate counsel to properly manage costs of defending these types of claims. There are... Read More

When Plaintiffs Post About Their Case on Facebook
Posted on 3 Nov 2011 by Margaret (Molly) DiBianca

In April 2011, a jury awarded Shana Maron $86,000, after finding that she was paid less than her former male colleagues in Virginia Tech's Office of University Development. In June, U.S. District Court Judge James Turk threw out the verdict and... Read More