The U.S. Equal Employment Opportunity Commission overstepped its authority by requiring workplace accommodations for "purely elective abortions," a Louisiana federal judge ruled Monday, handing two states and several religious groups a temporary reprieve from agency regulations implementing the Pregnant Workers Fairness Act. 
Law360
Employment
TUESDAY, JUNE 18, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

iStock-841037716.jpg

EEOC Went Too Far With Pregnant Worker Rule, Judge Says

By Vin Gurrieri

The U.S. Equal Employment Opportunity Commission overstepped its authority by requiring workplace accommodations for "purely elective abortions," a Louisiana federal judge ruled Monday, handing two states and several religious groups a temporary reprieve from agency regulations implementing the Pregnant Workers Fairness Act. 

Order attached | Read full article » | Save to favorites »

High Court Will Mull Proof Needed For Wage-Hour Carveout

By Jon Steingart

The U.S. Supreme Court said Monday it will hear a wage and hour case from a supermarket distributor, teeing up an opportunity for the justices to articulate the standard by which an employer must demonstrate workers are exempt from overtime.

Order List attached | Read full article » | Save to favorites »

Texas High Court Restores Fossil Win Over Harassment Suit

By Patrick Hoff

The Texas Supreme Court reinstated Fossil Group Inc.'s defeat of a former sales associate's lawsuit alleging it did nothing to curb a supervisor's lewd online comments and sexual harassment, finding the fashion company took swift action when it learned of the misconduct.

3 documents attached | Read full article » | Save to favorites »

Third Pa. Uber Trial Unlikely As Deadlock Again Looms

By P.J. D'Annunzio

With a second deadlocked jury appearing imminent in the Philadelphia UberBlack employment classification trial, a Pennsylvania federal judge on Monday told attorneys he was skeptical a third trial is on the way to resolve the case.

Motion attached | Read full article » | Save to favorites »

Consulting Firms To Pay $11.3M Over Rent Help Site Breach

By Elliot Weld

A consulting firm and its subcontractor have agreed to pay $11.3 million to resolve a False Claims Act suit alleging that they allowed the personal data of low-income New Yorkers to be compromised while operating a pandemic-era rental assistance program website.

2 documents attached | Read full article » | Save to favorites »

CFTC Fines Trafigura $55M In Novel Whistleblower Action

By Jessica Corso

The U.S. Commodity Futures Trading Commission announced a first-of-its-kind settlement Monday with Trafigura Trading LLC, which agreed to pay a $55 million penalty over allegations that it manipulated oil derivatives prices while discouraging employees from reporting potentially illegal activity.

Order attached | Read full article » | Save to favorites »

DISCRIMINATION

6th Circ. Says Labor Law Doesn't Bar Bias Case Against GM

By Patrick Hoff

The Sixth Circuit revived a Black former General Motors employee's lawsuit Monday alleging he was denied a raise, demoted and suspended because of his race and post-traumatic stress disorder, ruling a lower court was wrong to say federal labor law preempted his bias claims.

Opinion attached | Read full article » | Save to favorites »

Farm Cos. To Pay $475K To End Wash. AG's Sex Assault Suit

By Emmy Freedman

A pair of agricultural companies agreed to pay $470,000 to resolve Washington state's lawsuit accusing them of standing by as a supervisor sexually harassed and assaulted female employees and firing those who complained, the state attorney general announced Monday.

2 documents attached | Read full article » | Save to favorites »

Conn. Worker Gets $144K Counsel Fee After Bias Trial Win

By Brian Steele

The Connecticut Department of Energy and Environmental Protection must pay nearly $139,000 in attorney fees to W. Martyn Philpot Jr. after a Black employee won a federal jury verdict on racial hostility claims, including accusations that he found a noose hanging near his desk in a state office building.

1 document attached | Read full article » | Save to favorites »

Amazon Fired Worker For Flagging Sex Harassment, Suit Says

By Emmy Freedman

A former Amazon employee who described himself as "not heterosexual" filed a suit in Illinois federal court claiming the company allowed a co-worker to use homophobic slurs and harass him, then fired him after he complained.

Complaint attached | Read full article » | Save to favorites »

WAGE & HOUR

Supreme Court Won't Revisit Calif. Law Arbitration Issue

By Max Kutner

The U.S. Supreme Court declined on Monday to revisit a case dealing with the arbitration of claims brought under a California law enabling workers to sue on behalf of the state and other workers for labor violations, an issue the justices decided on in 2022.

Order List attached | Read full article » | Save to favorites »

Don't Let Farm Org Rewrite Wage Rule Suit, DOL Tells Judge

By Emilie Ruscoe

A farm group shouldn't be allowed to revise its challenge to the U.S. Department of Labor's new wage rule for certain temporary workers, the agency told a Charlotte, North Carolina, federal judge, saying the revision attempt comes too late as the matter is already awaiting the judge's decision.

Response attached | Read full article » | Save to favorites »

Justices Pass On Revisiting PAGA Arbitration Issue

By Max Kutner

The U.S. Supreme Court declined on Monday to take another look at the fate of nonindividual claims under California's Private Attorneys General Act when individual claims go to arbitration in a case involving Uber that was previously before the high court.

Order List attached | Read full article » | Save to favorites »

BENEFITS

Teamsters Plan Says Health Network Has Monopoly In Conn.

By Emily Brill

A Teamsters healthcare benefits plan and a Connecticut public transit provider have sued the healthcare network Hartford Healthcare Corp., accusing it of having a monopoly over healthcare in a half-dozen regions of the state.

Complaint attached | Read full article » | Save to favorites »

TRADE SECRETS

Tesla Slaps Supplier With $1B EV Battery Trade Secrets Suit

By Bonnie Eslinger

Tesla is accusing one of its suppliers of corporate espionage in a $1 billion California federal lawsuit, saying that Matthews International has even tried to claim it invented the stolen trade secrets for manufacturing electric vehicle batteries by incorporating the confidential information into patent filings.

Complaint attached | Read full article » | Save to favorites »

'Anderson Method' Copyright Claim Gets Cut Ahead Of Trial

By Dorothy Atkins

A California federal judge has handed Tracy Anderson's former employee Megan Roup a summary judgment win on the celebrity fitness trainer's copyright claim accusing Roup of ripping off her "Tracy Anderson Method" exercise routines, but concluded a jury should decide Anderson's sole remaining breach-of-contract claim in an upcoming November trial.

Order attached | Read full article » | Save to favorites »

WRONGFUL TERMINATION

Disney Cruise Says Ex-Worker Must Arbitrate In London

By Carolina Bolado

Disney Cruise Lines has told a Florida federal court that a Honduran ex-employee who was fired for twice testing positive for marijuana must arbitrate his wrongful termination claim in London.

Brief attached | Read full article » | Save to favorites »

EXPERT ANALYSIS

Think Like A Lawyer: Always Be Closing

When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

Read full article » | Save to favorites »

LEGAL INDUSTRY

Q&A

Lambda Legal Calls For More LGBTQ+ Judges

By Courtney Bublé

President Joe Biden has made a historic increase in the diversity of judicial appointees, but a major LGBTQ+ legal organization is hoping for more progress with LGBTQ+ judges and says the clock is ticking.

Report attached | Read full article » | Save to favorites »

Justices To Hear Nvidia Case On Securities Pleading Standard

By Jessica Corso

The U.S. Supreme Court on Monday agreed to hear an appeal of a Ninth Circuit ruling that revived investors' claims over chipmaker Nvidia's crypto mining sales, giving the high court a chance to weigh in on the pleading requirements needed to sustain a shareholder class action.

Order attached | Read full article » | Save to favorites »

Milbank Snags FTC Competition Trial Chief For DC Office

By Lauren Berg

Milbank LLP announced Monday it has hired the chief trial counsel for the Federal Trade Commission's Bureau of Competition, bulking up its Washington, D.C., antitrust and competition practice with a veteran litigator who led the government's challenge to Microsoft Corp.'s $69 billion acquisition of Activision Blizzard.

Read full article » | Save to favorites »

Columbia Law Adds UChicago Vice Provost As 1st Black Dean

By Tracey Read

A former deputy dean at the University of Chicago Law School will take over as dean of Columbia Law School on Aug. 1, Columbia University President Minouche Shafik announced Monday.

Read full article » | Save to favorites »

NYC Bar Blasts Judges' Columbia Boycott Letter

By Sue Reisinger

The New York City Bar Association on Monday questioned the impartiality of 13 federal judges who issued a letter last month publicly refusing to hire students from Columbia Law School as clerks because of campus political protests over the Israel-Hamas war.

Read full article » | Save to favorites »

Texas Bar Proposes Limits On Services From In-House Attys

By Lynn LaRowe

The State Bar of Texas said in-house lawyers working for companies owned by nonattorneys are barred from providing legal services to the businesses' customers unless the work meets specific criteria because otherwise, the companies run afoul of rules forbidding the unauthorized practice of law, according to a proposed ethics opinion.

Opinion attached | Read full article » | Save to favorites »

Attys Accused Of Judge Shopping Must Turn Over Q&A Doc

By Emily Sawicki

Attorneys accused of a coordinated effort to "judge shop" amid federal suits challenging an Alabama law banning certain medical procedures for transgender youth must supply a document the court believes displays the attorneys' preparations for a panel hearing in which one of the attorneys allegedly committed perjury.

Order attached | Read full article » | Save to favorites »

NJ Firm Defends Lien On Ex-Client's Patents After Unpaid Bills

By Andrew Karpan

A major New Jersey law firm said it has a "common law" right to place a lien on its former client's patents without telling it, after the "failed" biopharmaceutical startup fired the firm and stopped paying its outstanding legal bills.

Brief attached | Read full article » | Save to favorites »

NJ Power Broker, Firm CEO Brother Accused Of Racketeering

By George Woolston

Powerful New Jersey businessman George E. Norcross III and his brother who is the chief executive officer of law firm Parker McCay have been criminally charged alongside others in a scheme to acquire waterfront property in the distressed city of Camden using threats of economic and reputational harm.

Indictment attached | Read full article » | Save to favorites »

Clients Say McGrath Kavinoky 'Bullied' Them Into Abuse Deal

By Jack Karp

California firm McGrath Kavinoky LLP, which inked more than $374 million in settlements for women who say they were sexually abused by a UCLA Health gynecologist, misled its clients and "bullied" them into accepting far smaller amounts than they were promised, according to a lawsuit in state court by two ex-clients.

Complaint attached | Read full article » | Save to favorites »

Man In Murder-For-Hire Plot To Kill Atty Gets Extradited To NY

By Gina Kim

An Indian national indicted in connection with a murder-for-hire plot to assassinate an attorney connected to a Punjab political revolution has been extradited to the Southern District of New York and made his initial appearance in federal court Monday, during which he pled not guilty to the criminal charges against him.

Read full article » | Save to favorites »

McConnell Denounces Judicial Nominee For District Of Ore.

By Courtney Bublé

Senate Minority Leader Mitch McConnell, R-Ky., took to the Senate floor on Monday to criticize Magistrate Judge Mustafa Taher Kasubhai, a nominee for a district court judgeship in the District of Oregon whose confirmation vote is teed up for Tuesday. 

Read full article » | Save to favorites »

Brief

Biden: High Court 'Never Been As Out Of Kilter'

By Courtney Bublé

President Joe Biden said at a campaign event over the weekend that the U.S. Supreme Court "has never been as out of kilter as it is today."

Read full article » | Save to favorites »

Catching Up With Delaware's Chancery Court

By Leslie A. Pappas

Proposed amendments to Delaware's General Corporation Law that were prompted by several recent Chancery Court rulings sailed through the state Senate last week despite loud opposition from corporate law professors and other Chancery Court watchers, and Tesla shareholders filed two new suits against CEO Elon Musk. 

Read full article » | Save to favorites »

Promo that reads Law360 Pulse Summer Associates Survey Promo that reads Law360 400

LAW FIRMS IN TODAY'S NEWS

Aeton Law Partners

Atlas Consumer Law

Badham & Buck

Bainbridge Mims

Berger Montague

Bernstein Litowitz

Boyden Gray

Brown & Connery

Clark Hill

Cloppert Latanick

Cohen Milstein

Cooley LLP

Cooper & Kirk

Copeland Franco

Cranfill Sumner

Cravath Swaine

Critchley Kinum

DLA Piper

Day Pitney

Dominick Feld

Farella Braun

Fish & Richardson

Freed Kanner

Gibson Dunn

Gordon Rees

Hogan Lovells

Horvitz & Levy

J. Alexander Law

Jenner & Block

Jones Day

Joseph Hage Aaronson

Keker Van Nest & Peters

Kessler Topaz

King & Spalding

Kirkland & Ellis

Lau Lane

Lichten & Liss Riordan

Lightfoot Franklin

Littler Mendelson

Manatt Phelps

Manly Stewart

Marino Tortorella

McCarter & English

Melehy & Associates

Milbank LLP

Morrison Foerster

Nixon Peabody

Ogletree Deakins

Outten & Golden

Parker McCay

Poole Huffman

Quinn Emanuel

Shook Hardy

Stein Sperling

Williams & Connolly

COMPANIES IN TODAY'S NEWS

Activision Blizzard Inc.

Albertsons Cos. Inc.

Alliance Defending Freedom

Amazon.com Inc.

American Bar Association

American Civil Liberties Union

American Home Assurance Co.

Chegg Inc.

Citizens for Responsibility & Ethics in Washington

Civil Justice Association of California

Conner Strong & Buckelew

Cott Corporation

De Novo

Delaware State Bar Association

Ennis Inc.

Equinox Holdings Inc.

Fossil Group Inc.

Gay & Lesbian Advocates & Defenders

Google LLC

Guidehouse Inc.

Hartford HealthCare Corp.

Industrial Alliance Insurance & Financial Services

Instagram Inc.

Lambda Legal Defense & Educational Fund

LinkedIn Corp.

Lyft Inc.

Matthews International Corp.

Microsoft Corp.

NVIDIA Corp.

National Center for Lesbian Rights

New York City Bar Association

Oregon State Bar

Public Citizen Inc.

Restaurant Law Center

Retrophin Inc.

Sales Inc.

Southern Poverty Law Center Inc.

State Bar of Texas

Tesla Inc.

The AES Corp.

The American Law Institute

The Catholic University of America

The Kroger Co.

The Michaels Organization

Therapeutics Inc.

Trafigura Group Pte. Ltd.

Twitter Inc.

U.S. Chamber of Commerce

UCLA Health System

Uber Technologies Inc.

United Auto Workers

United Parcel Service Inc.

United States Conference of Catholic Bishops

Viking Cruises Inc.

Warner Bros. Discovery Inc.

Warner Bros. Entertainment Inc.

Washington Legal Foundation

Yale University

GOVERNMENT AGENCIES IN TODAY'S NEWS

Alabama Attorney General's Office

California Civil Rights Department

California Public Employees' Retirement System

California Supreme Court

Commodity Futures Trading Commission

Connecticut Department of Energy and Environmental Protection

Delaware Court of Chancery

Equal Employment Opportunity Commission

Federal Trade Commission

Los Angeles Superior Court

Louisiana Attorney General's Office

Mississippi Attorney General's Office

New York State Comptroller

Ohio Civil Rights Commission

Port of New Orleans

Texas Judicial Branch

Texas Supreme Court

U.S. Attorney's Office for the Northern District of New York

U.S. Attorney's Office for the Southern District of New York

U.S. Copyright Office

U.S. Court of Appeals for the Sixth Circuit

U.S. Department of Energy

U.S. Department of Justice

U.S. Department of Labor

U.S. District Court for the Central District of California

U.S. District Court for the District of Connecticut

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Middle District of Alabama

U.S. District Court for the Middle District of Florida

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Northern District of New York

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Louisiana

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Supreme Court

Washington Attorney General's Office