Workers' Compensation

    • 12 Sep 2019

    5 Reasons The NFL Shouldn't Discipline Antonio Brown

    This week, the NFL opened an investigation into New England Patriots wide receiver Antonio Brown after he was accused of sexual assault in a Florida federal court case, but the NFL is not well qualified to discipline players for off-field behavior, says ...read more
    • 12 Sep 2019

    Adam & Eve Stores Won't Hire Male Sales Reps, EEOC Says

    Adam & Eve, a North Carolina-based sex toy company, refuses to hire men for sales associate positions in its retail stores, discriminating against them because of their sex with "reckless indifference" to their federally protected rights ...read more
    • 12 Sep 2019

    3rd Circ. Offers Gig Workers Tool To Blunt Arbitration Pacts

    Gig economy workers who can prove they're engaged in interstate commerce have new leverage to argue they can pursue employment disputes in court, after the Third Circuit held that an arbitration exemption applies to drivers transporting passengers ...read more
    • 12 Sep 2019

    BREAKING: Ex-Greenberg Traurig, Morgan Lewis Attys Get 11th Circ. Nods

    President Donald Trump has named two recently appointed Florida Supreme Court justices, who both previously worked as commercial litigators at Greenberg Traurig LLP, as his picks to fill Eleventh Circuit bench seats, the White House announced Thursday ...read more
    • 12 Sep 2019

    6th Circ. Axes Workers' Fiat Chrysler-UAW Collusion Suit

    The Sixth Circuit on Thursday ruled that Fiat Chrysler workers don't have a right to sue the company and the United Automobile Workers for colluding against their interests during collective bargaining, affirming a lower court's decision that ...read more
    • 12 Sep 2019

    'Petty Slights' Not Enough To Keep Mt. Sinai Bias Suit Alive

    A New York federal judge on Thursday tossed a Mount Sinai worker's suit alleging he was subjected to a hostile work environment and retaliated against for complaining about bias, saying the suit mostly centered on "petty slights" and mistreatment ...read more
    • 12 Sep 2019

    Atty Defeats $26M Suit Over Outing Gay Co-Counsel, For Now

    An Illinois federal judge on Wednesday tossed a $26 million suit brought by a gay attorney alleging his government-contracted and military co-counsel outed him to their al-Qaida client, ruling that the plaintiff's claims are barred by Illinois' ...read more
    • 12 Sep 2019

    Gas Industry Drivers Get Partial Cert. In Pa. FLSA Case

    A Pittsburgh federal judge partly granted collective certification to a group of drilling-industry drivers for an Oakdale, Pennsylvania-based logistics company who claimed they were wrongfully classified as contractors and denied overtime, but declined ...read more
    • 12 Sep 2019

    Door Co. Fights Rival's 4th Circ. Appeal Of Divestiture Order

    Interior door maker Steves and Sons told the Fourth Circuit that a Virginia federal court was right in forcing its competitor Jeld-Wen Inc. to sell off part of a Pennsylvania factory it has acquired in order to resolve antitrust concerns. ...read more
    • 12 Sep 2019

    NHL Player's Widow Says CBA Doesn't Preempt Injury Claims

    The widow of NHL player Todd Ewen attempted to overcome a hurdle at the center of concussion and head injury lawsuits against the league Wednesday and urged a California federal court to reject the NHL's argument that its labor agreements cover her ...read more
    • 12 Sep 2019

    NLRB Blesses Arbitration Pact That Allows Board Access

    The National Labor Relations Board has found that the arbitration agreements a Wendy's franchisee makes employees sign are legally sound because the pacts also tell workers they can still launch administrative charges with agencies like the board ...read more
    • 12 Sep 2019

    DC Circ. Wary Of Union's Challenge To Rail Inspection Change

    A D.C. Circuit panel appeared not to be swayed Thursday by a labor union's argument that the U.S. Department of Transportation was wrong to suspend railroad track safety regulations to allow a new automated inspection technology to be tested by BNSF ...read more
    • 12 Sep 2019

    Rising Star: Morgan Lewis' Krissy Katzenstein

    Morgan Lewis & Bockius partner Krissy Katzenstein has become a go-to attorney for national employers accused of systemic discrimination, including helping Amtrak beat class claims in a sprawling race bias suit to solidify her spot as one of five employment ...read more
    • 12 Sep 2019

    Porn Studio Asks 9th Circ. To Revive HIV Suit Coverage Bid

    The owner of a California pornography studio on Wednesday urged the Ninth Circuit to find that Atain Specialty Insurance Co. is required to fund its defense of lawsuits brought by performers who allegedly contracted HIV on the job, saying a lower court ...read more
    • 12 Sep 2019

    9th Circ. Could Mend Split On Class Rules For PAGA Claims

    There is reason to doubt the position of California district courts that decline to apply federal class action requirements to representative Private Attorneys General Act claims, an issue that has created a divide that the Ninth Circuit is poised to ...read more
    • 12 Sep 2019

    One Insurer Settles With NFL In Concussion Coverage Dispute

    The NFL has settled with one insurer in a sprawling lawsuit in New York state court over who will pay for the concussion litigation that led to a landmark 2015 settlement expected to pay out more than $1 billion to retired players. ...read more
    • 12 Sep 2019

    Female Doctors' Equal Pay Suit Heads To Trial

    An Iowa federal judge has ruled that a group of female doctors can proceed with claims a physician network paid them less than their male counterparts, but determined they can't proceed to trial as a unified class because too many unique questions ...read more
    • 12 Sep 2019

    FCC Can’t Shake Atty’s Race Bias Suit, Judge Says

    The Federal Communications Commission can't avoid an attorney adviser’s claims that the agency passed her over for a promotion to be acting deputy division chief because of her Haitian descent, a District of Columbia federal judge ruled Thursday. ...read more
    • 12 Sep 2019

    US Women's Soccer Team Moves For Cert. In Pay Equity Suit

    The U.S. Soccer Federation's policies are a "textbook example" of gender discrimination, the women's national soccer team told a California federal judge Wednesday, saying the squad's pay equity suit can be resolved "in one ...read more
    • 12 Sep 2019

    BREAKING: Calif. High Court Says Workers Can't Recover Wages Under PAGA

    The California Supreme Court weakened one of workers’ most potent weapons against forced arbitration Thursday, saying workers can’t collect unpaid wages under a unique statute that essentially deputizes them to challenge employment law violations on the ...read more
    • 12 Sep 2019

    Gov't Win In AseraCare FCA Case Benefits Both Sides

    While Monday’s Eleventh Circuit decision in United States v. AseraCare provides the government the opportunity to continue litigating its claims, False Claims Act defendants will undoubtedly take refuge in the less plaintiff-friendly falsity standard ...read more
    • 12 Sep 2019

    What To Consider Before Filing For A Rule 57 Speedy Hearing

    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, says attorneys at Gibson Dunn. ...read more
    • 12 Sep 2019

    Uber Hit With Misclassification Suit Invoking 'Dynamex' Bill

    An Uber driver in California slapped the company with a proposed class action alleging she and other drivers were misclassified as independent contractors and shorted on pay, just hours after California lawmakers sent Governor Gavin Newsom a contentious ...read more
    • 12 Sep 2019

    Ex-White & Williams Atty Fights Bid To Ax Bias Suit

    A black, female attorney suing her former firm White and Williams for race and gender discrimination has hit back against the firm’s attempt to nix her suit, saying that White and Williams “cherry-picked the allegations it finds easiest to argue against ...read more
    • 11 Sep 2019

    Anonymity Order Unsealed In Jones Day Gender Bias Case

    A Washington, D.C., federal court on Wednesday revealed some of the reasoning behind its decision last month to deny anonymity to one of the attorneys suing Jones Day for alleged gender bias, although the court kept the woman’s identity under wraps since ...read more