LexisNexis® Legal Newsroom
Abbey Spanier: California Appeals Court Reverses Its Previous Denial of Class Certification In Light Of Brinker Decision

Plaintiffs brought a class action on behalf of approximately 4,000 current and former employees of Boyd & Associates, Inc. which provides security guard services. Plaintiffs alleged that Boyd denied off-duty meal breaks and off-duty rest breaks and did not include certain reimbursements and an annual...

Emergency Application Filed With U.S. High Court Seeking To Halt NLRB Actions

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 (NLRB) proceedings concerning unfair labor practice...

Chief Justice Denies Request To Shut Down NLRB

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 over “recess” appointments to the...

Williams Mullen: Supreme Court Holds That Clear Plan Terms Control Equitable Remedies: U.S. Airways Inc. v. McCutchen

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 stated benefit plan terms while also clarifying...

Williams Mullen: U.S. Supreme Court Hands Down 2 Significant Cases for Employers

By David C. Burton On June 24 the United States Supreme Court handed down two significant and closely watched decisions affecting employers in Title VII cases. Both opinions came from a sharply divided court splitting five to four in both cases. The two cases were Vance v. Ball State University and...

Williams Mullen:Court Holds that Erroneous Advice about Medical Benefits Coverage Can Expose Plans to Liability

By Mark S. Thomas and Robert W. Shaw In Kenseth v. Dean Health Plan, Inc. , No. 11-1560 (June 13, 2013) [ Enhanced opinion available to lexis.com subscribers], the Seventh Circuit Court of Appeals reviewed the scope of equitable remedies available under ERISA and determined that the erroneous advice...

Abbey Spanier LLP: Court Rejects Saxon’s Bid To Dismiss HAMP Class Action Lawsuit

We have another update regarding litigation involving the United States Treasury’s Home Affordable Modification Program (“HAMP”). See some of our HAMP related posts here, here and here . As explained in some of our prior posts, the HAMP was created by the federal government to combat...

AbbeySpanier LLP: Court Certifies Class Of Rite Aid Store Managers Under Rule 23

A former Rite Aid store manager filed a complaint in the Southern District of New York alleging that Rite Aid failed to pay its store managers overtime in violation of the Fair Labor Standards Act (the “FLSA”) and the New York Labor Law (the “NYLL). The plaintiff claimed that store...

Steptoe & Johnson PLLC: Asbestos Suits Against Employers Now Permitted In Pennsylvania In Some Situations

By James J. A. Mulhall | The Supreme Court of Pennsylvania, Western Division, issued an extremely important decision on November 22, 2013 in the Tooey and Landis holding [ enhanced opinion available to lexis.com subscribers ]. The consolidated appeals involved asbestos lawsuits against employers when...

Abbey Spanier LLP: JPMorgan Loses Bid to Prohibit Class Arbitrations

A California federal judge denied JPMorgan’s motion to compel arbitration on an individual basis. Two former JPMorgan employees filed a class action complaint alleging violations of state and federal labor laws on behalf of JPMorgan appraisers. As part of their employment, plaintiffs entered into...

Ballard Spahr LLP: 5th Circuit Rejects NLRB Ruling Invalidating Class Action Waivers In Arbitration Agreements

By Steven W. Suflas, Mark J. Levin and Erin K. Clarke On December 3, 2013, the U.S. Court of Appeals for the Fifth Circuit rejected the National Labor Relations Board’s (NLRB) ruling that an employer violates the National Labor Relations Act (NLRA) by requiring employees to waive their rights...

Williams Mullen: In Rebuff To Labor Board, 5th Circuit Sustains Arbitration Agreements With Class Action Waivers

By David C. Burton , Beth Hirsch Berman and J. Nelson Wilkinson In recent years, employers have faced increased, and increasingly expensive, class action litigation from current and former employees. In response, many employers have turned to arbitration agreements with class-action waivers as...

Pennsylvania Supreme Court: Common Law Claims Against Employers Allowed For Latent Occupational Diseases

By Richard I. Nemeroff and R. Scott Marshall [Editor's Note: Mr. Nemeroff is the principal of The Nemeroff Law Firm, P.C., with offices in Dallas, TX, Houston, TX, Pittsburgh, PA, and New Orleans, LA and focuses his firm's practice on asbestos, pharmaceutical and catastrophic personal injury...

U.S. High Court Hears Oral Arguments In Dispute Over Taxing Severance Payments

WASHINGTON, D.C. — (Mealey’s) Severance payments fall within the Federal Insurance Contributions Act’s (FICA) definition of wages and are taxable, Assistant to the Solicitor General Eric J. Feigin told the U.S. Supreme Court Jan. 14 in arguments presented on behalf of the United States...

U.S. Supreme Court: Time Spent Donning, Doffing Gear Is Not Compensable

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 al. v. United States Steel Corporation , No. 12-417...

Williams Mullen: Court Holds ERISA Plaintiff Can’t Claim Equitable Remedies When They Have Adequate Remedies to Recover Plan Benefits, Notwithstanding the Expansion of the Kinds of Equitable Relief in CIGNA Corp. v. Amara

By Mark S. Thomas and Robert W. Shaw A federal court has ruled that, although a recent U. S. Supreme Court decision expanded the kinds of equitable remedies available to a plaintiff under ERISA § 502(a)(3), those remedies are still unavailable when the ERISA plaintiff has an adequate remedy to...

LeClairRyan: Trial Court Dismisses Negligent Hiring, Retention Claims Against Motor Carrier

A New Hampshire trial court recently ruled that negligent hiring and retention claims asserted against a motor carrier on behalf of persons seriously injured in a multi-vehicle accident are redundant of the motor carrier's vicarious liability and thus subject to dismissal. The ruling in Milton, et...

Supreme Court Holds Severance Payments Are Taxable Wages

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., et al. , No. 12-1408, U.S. Sup. [ enhanced opinion...

Ballard Spahr LLP: Federal Court Ruling In Pa. Narrows Computer Fraud And Abuse Act

By Robert R. Baron, Jr., David S. Fryman, Corinne Militello, and Philip N. Yannella A Pennsylvania federal magistrate judge has tossed an employer’s claims under the Computer Fraud and Abuse Act (CFAA), holding that the CFAA does not extend to punish employees for the misuse of information that...

Williams Mullen: 7th Circuit Interprets ERISA’s Statute of Limitations for Fiduciary Breach: Fish v. GreatBanc Trust Company

By Mark S. Thomas and Robert W. Shaw The Seventh Circuit Court of Appeals in Fish v. GreatBanc Trust Company , No. 12-3330 (7th Cir. May 14, 2014) [ enhanced opinion available to lexis.com subscribers ], has issued a decision that clarifies the rules for suits for fiduciary breach under ERISA. The decision...

U.S. Supreme Court: Employee Speech Before Grand Jury Is Protected

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, a unanimous U.S. Supreme Court ruled...

Williams Mullen: D.C. Circuit Rules That ‘Exhaustion of Administrative Remedies’ Is Not Required For Violations of ERISA’S Statutory Guarantees: Stephens v. Pension Benefit Guaranty Corporation

By Mark S. Thomas and Robert W. Shaw The U. S. Court of Appeals for the District of Columbia Circuit has joined five other federal circuits to rule that pension plan participants need not exhaust a plan’s internal remedial procedures before they file suit in federal court to assert violations...

Williams Mullen: 4th Circuit Adopts More Demanding Test For Exercise Of Objective Prudence By Retirement Plan Fiduciaries

By Mark S. Thomas and Robert W. Shaw In the latest ruling in a long-running battle arising from company stock fund divestments, the U. S. Court of Appeals for the Fourth Circuit has underscored the importance of procedural prudence in the management of plan assets. In Tatum v. RJR Pension Investment...

U.S. Supreme Court Denies Cert For Celebrity Cruise Line Workers

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 case to vacate an arbitration award as untimely (...

DLA Piper: $185 Million Punitive Damages for Pregnancy Discrimination: What Led to the Largest Single-Plaintiff Employment Award?

By: Joseph Domenick Guarino and Kevin Connelly Rosario Juarez worked at AutoZone but now can buy 1 percent of its total market capitalization. Juarez began as a retail salesperson in San Diego in 2000. She was promoted to Parts Sales Manager but was unsuccessful in seeking advancement to store...