LexisNexis® Legal Newsroom
D.C. Circuit: Labor Board Lacked Quorum In February 2012

WASHINGTON, D.C. - (Mealey's) The District of Columbia U.S. Circuit Court of Appeals on Jan. 25 declined to enforce a National Labor Relations Board ruling that an employer violated the National Labor Relations Act (NLRA) by refusing to reduce an oral agreement to writing and signing off on a collective...

U.S. Supreme Court: No Stay In Union Dispute Despite Questions Over NLRB Quorum

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Feb. 6 denied an application for a stay filed by a Connecticut nursing home company in a suit over a union strike in light of questions over the legitimacy of 2012 appointments to the National Labor Relations Board ( HealthBridge Management...

Williams Mullen: Retirement Plan Plaintiffs Were Not Required To Exhaust Administrative Remedies Before Filing Their Class Action

By Mark S. Thomas and Robert W. Shaw The Second Circuit has held that a putative class of ERISA plaintiffs was not required to exhaust a plan's administrative remedies prior to filing claims for a redetermination of future retirement benefits and alleged irregularities in plan amendments. Kirkendall...

Supreme Court: Medical Battery Suit Against United States May Proceed

WASHINGTON, D.C. - (Mealey's) A citizen may proceed with his lawsuit against the United States alleging medical battery by a Navy doctor acting within his scope of employment, a unanimous U.S. Supreme Court ruled this morning ( Steven Alan Levin v. United States, et al. , No. 11-1351, U.S. Sup.)...

High Court Agrees to Hear Appeal Of Ruling On Government Workers' Age Discrimination Claims

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on March 18 agreed to hear the appeal of a Seventh Circuit U.S. Court of Appeals ruling that state and local government employees may bring age discrimination claims directly under the Equal Protection Clause of the 14th Amendment to the U.S. Constitution...

U.S. High Court: Prison Officers Not Immune From Assault Claims

WASHINGTON, D.C. - (Mealey's) The Federal Tort Claims Act (FTCA) waives sovereign immunity for law enforcement officers' acts where a claim arises out of one of six intentional torts where an officer is "acting within the scope of his office or employment," a unanimous U.S. Supreme...

U.S. High Court Hears Arguments On Proof Of Title VII Retaliation Claims

WASHINGTON, D.C. - (Mealey's) A Title VII of the Civil Rights Act of 1964 retaliation claim must prove but-for causation, the attorney representing the University of Texas Southwestern Medical Center (UTSW) argued before the U.S. Supreme Court April 24 ( University of Texas Southwestern Medical Center...

High Court Agrees To Hear Appeal Of NLRB Quorum Dispute

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 24 agreed to decide whether President Obama's "recess" appointments of three members to the National Labor Relations Board in 2012 should be upheld ( National Labor Relations Board v. Noel Canning, a Division of the Noel Corp...

U.S. Supreme Court Agrees To Hear Suit Over Organizing Assistance

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 24 granted a petition for writ of certiorari in a case regarding whether an employer and union may enter into an agreement under which the employer promises to remain neutral to union organizing and grants unions reps limited access to...

Split Supreme Court Narrows Definition Of 'Supervisor'

WASHINGTON, D.C. - (Mealey's) An employer is vicariously liable for an employee's harassment only if that employee is given the power by the employer "to take tangible employment actions against the victim," a split U.S. Supreme Court ruled June 24, rejecting the Equal Employment Opportunity...

Split U.S. High Court Finds Higher Standard For Title VII Retaliation Claims

WASHINGTON, D.C. - (Mealey's) Retaliation claims filed under Title VII of the Civil Rights Act of 1964 must prove but-for causation, a split U.S. Supreme Court ruled June 24, rejecting the lessened causation test outlined in 42 U.S. Code Section 2000e-2(m) [ an annotated version of this statute is...

Social Media Blunders in Employment Law – How a Facebook Post Can Turn a Case Upside Down

Social media has forever changed how the world communicates. While many have cited the positive consequences of social media, employment law attorneys are discovering that a simple Facebook post can turn into a costly mistake. The latest social media blunder occurred in an age discrimination case...

Williams Mullen: ‘You Can’t Bend It That Way, Beckham’: Federal Court Dismisses Plaintiff’s Attempted Claims For Equitable Relief

By Mark S. Thomas and Robert W. Shaw Following the U. S. Supreme Court’s decision in CIGNA Corp. v. Amara , 131 S. Ct. 1866 (2011) [ enhanced opinion available to lexis.com subscribers ] [lexis.com subscribers may access Supreme Court briefs for this case ] , the federal courts have wrestled with...

Foley & Lardner LLP: Cherry-Picking: 7th Cir. Criticizes Lawyers' Summary-Judgment Practice

By Thomas L. Shriner Jr. Two weeks ago, in an order given wide publicity nationally, federal District Judge Mark Bennett of the Northern District of Iowa issued sanctions in Security National Bank v. Abbott Laboratories , addressing what Judge Bennett perceived as abusive discovery conduct in a case...

Colorado Supreme Court Upholds Employers’ Rights To Fire Employees For Medical Marijuana Use

2015 CO 44; 2015 Colo. LEXIS 520 An employee of DISH Network was discharged after he testified positive for THC during a random drug test. The employee was a quadriplegic confined to a wheelchair and obtained a state-issued license to use medical marijuana to treat painful muscle spasms caused by...