Litigation

Recent Posts

Supreme Court Holds Severance Payments Are Taxable Wages
Posted on 25 Mar 2014 by Bajeerah LaCava

WASHINGTON, D.C. — (Mealey’s) Severance payments fall within the definition of wages in the Federal Insurance Contributions Act (FICA) and are taxable, the U.S. Supreme Court ruled March 25 ( United States of America v. Quality Stores, Inc... Read More

Split U.S. Supreme Court Says Individual, Collective Claims Mooted By Judgment Offer
Posted on 16 Apr 2013 by Bajeerah LaCava

WASHINGTON, D.C. - (Mealey's) Individual and collective claims by the sole named plaintiff in a wage-and-hour collective action were rendered moot once her employer offered judgment in an amount that represented alleged unpaid wages plus attorney... Read More

U.S. Supreme Court: Employee Speech Before Grand Jury Is Protected
Posted on 20 Jun 2014 by Bajeerah LaCava

WASHINGTON, D.C. — (Mealey’s) An employee’s testimony before a federal grand jury was protected under the First Amendment to the U.S. Constitution because he spoke as a citizen on a matter of public concern, not pursuant to his job responsibilities... Read More

Supreme Court Hears Arguments On Immunity Of Correctional Officers
Posted on 19 Feb 2013 by Bajeerah LaCava

WASHINGTON, D.C. - (Mealey's) Section 26809(h) of 28 U.S. Code clearly provides a waiver of sovereign immunity and "extends the waiver to any claim for one of the six enumerated torts committed by a Federal investigative or law enforcement officer... Read More

U.S. High Court: Arbitrator Must Decide On Validity Of Noncompete Agreement
Posted on 27 Nov 2012 by Bajeerah LaCava

WASHINGTON, D.C. - (Mealey's) The Oklahoma Supreme Court failed to properly apply a basic tenet of the Federal Arbitration Act (FAA) when it declared the noncompete agreement in two employment contracts null and void rather than leaving the determination... Read More

U.S. Supreme Court: Time Spent Donning, Doffing Gear Is Not Compensable
Posted on 27 Jan 2014 by Bajeerah LaCava

WASHINGTON, D.C. — (Mealey’s) The time workers at United States Steel Corp. spend donning and doffing protective gear is not compensable under the Fair Labor Standards Act (FLSA), the U.S. Supreme Court ruled Jan. 27 ( Clifton Sandifer, et... Read More

U.S. Supreme Court Denies Cert For Celebrity Cruise Line Workers
Posted on 6 Oct 2014 by Lisa M. Hickey

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Oct. 6 denied a petition for writ of certiorari filed by a group of Indian state room workers for a cruise line who sought review of a federal judge’s decision to dismiss their... Read More

Williams Mullen: Supreme Court Holds That Clear Plan Terms Control Equitable Remedies: U.S. Airways Inc. v. McCutchen
Posted on 10 Jul 2013 by Williams Mullen

By Mark S. Thomas and Robert W. Shaw In U.S. Airways, Inc. v. McCutchen , No. 11-1285 (Apr. 16, 2013) [lexis.com subscribers may access Supreme Court briefs and the opinion for this case] , the U.S. Supreme Court underscored the importance of clearly... Read More

Supreme Court To Hear FLSA Lawsuit Over What Constitutes 'Changing Clothes'
Posted on 19 Feb 2013 by Bajeerah LaCava

WASHINGTON, D.C.-(Mealey's) The U.S. Supreme Court on Feb. 19 agreed to hear the appeal of a class lawsuit over what constitutes "changing clothes" under Section 203(o) of the Fair Labor Standards Act ( Clifton Sandifer, et al. v. United... Read More