Civil Procedure Labor & Employment Constitutional Law

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Supreme Court to Determine if Offer of Relief to Named Plaintiff Moots Class Action

Over the past several years, employers defending wage and other class action lawsuits have increasingly used a procedural move intended to defeat the class claim. In these cases, the employer offers complete financial and...more

Illinois Circuit Court Dismisses Challenge to Retained Job EDGE Credits

Corporations with Illinois Economic Development for a Growing Economy (EDGE) credit agreements giving credit for retained jobs can breathe a sigh of relief: The litigation challenging the state’s ability to grant EDGE credits...more

Supreme Court Ruling Could Alter Class Action Landscape

The U.S. Supreme Court has agreed to decide a case that could alter the landscape of federal class action litigation. Granting the defendant’s petition for certiorari in Campbell-Ewald Company v. Gomez, the Court will review...more

Supreme Court Mandates State Income Tax Credits, Pretty Much

Maryland imposes income taxes on its residents. There is a state level income tax, and a county level tax. If a Maryland resident incurs income in other states and pays state income tax to those other states, there is a...more

A Looming Crisis: Illinois Supreme Court Strikes Down Statute Reducing Benefits

On May 8, 2015, the Supreme Court of the State of Illinois struck down recently enacted state public pension reform legislation on the grounds that the legislation violated the “pension protection clause” of the Illinois...more

Genesis Healthcare May Be Merely the First Book in Bible on Mooting Class/Collective Actions

In the beginning, the U.S. Supreme Court decided in Genesis Healthcare that an FLSA case is moot when the plaintiff accepts an offer of full relief. As we noted in our previous blog, the decision left open, however, the...more

Taxpayer Wynne’s: Supreme Court Rules Maryland Personal Income Tax Violates Constitution

This morning the U.S. Supreme Court ruled that Maryland’s personal income tax regime is unconstitutional. By failing to provide a full credit to its residents for taxes paid to other states, Maryland unconstitutionally...more

Wynne Court Holds That Internal Consistency Lives, Applies to Taxation of Resident

A divided U.S. Supreme Court ruled that Maryland’s personal income tax regime is unconstitutional. Comptroller of the Treasury v. Wynne, 575 U.S. __ (2015). The Court affirmed the Maryland Court of Appeals in a 5-4 decision...more

Supreme Court decides Comptroller of the Treasury of Maryland v. Wynne

On May 18, 2015, the U.S. Supreme Court decided Comptroller of the Treasury of Maryland v. Wynne, (No. 13-485), holding that Maryland’s personal-income-tax scheme, which does not give state residents a full credit for income...more

Illinois Federal Court Addresses Lawsuit by Christian Leafletter on Public School Property

In a recent decision in the Northern District of Illinois, a trial court granted summary judgment in favor of a school district in a lawsuit stemming from the arrest of a local resident who was leafleting and proselytizing...more

SCOTUS to Consider Whether FCRA Violation Confers Article III Standing on Individual

On April 27, 2015 the Supreme Court of the United States granted certiorari on a petition filed by Spokeo, Inc., asking the court to review the Ninth Circuit opinion in Robins v. Spokeo, Inc., 742 F.3d 409 (9th Cir. 2014). ...more

Same-Sex Marriage Bans As Sex Discrimination: The Potential Impact On Plan Sponsors And Employers

In last week’s oral argument on the constitutionality of same-sex marriage bans, Chief Justice Roberts asked the following question: Counsel, I’m not sure it’s necessary to get into sexual orientation to resolve the...more

The Future Of ERISA Litigation — Sleeper Supreme Court Case is Worth Watching Carefully

ERISA sets forth complex reporting, disclosure, vesting and funding rules for most private sector employee benefit plans. It also provides a private claim upon which relief may be granted in federal court for violations of...more

Illinois Supreme Court Rules Pension Reform Unconstitutional

On Friday, the Illinois Supreme Court ruled that pension reform legislation passed in 2013, commonly referred to as Senate Bill 1, violates the pension protection clause of the Illinois Constitution. The Court upheld a...more

Unanimous Illinois Supreme Court Strikes Down State Public Pension Reform Act

As we predicted, the Illinois Supreme Court has unanimously struck down the state Public Pension Reform Act. The Court’s opinion was written by Justice Lloyd Karmeier....more

Class Action Attempt to Void Jimmy John's Non-Competes Goes Stale

Sandwich chain Jimmy John's has been in the news lately because of non-compete agreements that employees of its franchisees sign. This is not necessarily good news for Jimmy John's, but it does underscore some interesting...more

E-Discovery Update: When Personal and Work Data Collide

In the modern world, employees routinely receive work-related data on personal mobile devices, such as smartphones and tablets, and access personal data on work-owned devices. ...more

Supreme Court Authorizes “Barebones” Court Review of the EEOC’s Conciliation Efforts

On April 29, 2015, the U.S Supreme Court held in Mach Mining, LLC v. Equal Employment Opportunity Commission that courts are empowered to review whether the U.S. Equal Employment Opportunity Commission (EEOC) satisfied its...more

Corte Constitucional Establece Lineamientos en el Proceso Disciplinario Laboral - Sentencia de la Corte Constitucional define los...

La Corte Constitucional, mediante sentencia C – 593 de 2014, estableció los lineamentos para el desarrollo del proceso disciplinario laboral de los trabajadores. Sobre el particular, la Corte afirmó que el procedimiento...more

Can French Employees Wear Unrestricted Religious Symbols in the Workplace?

The French Supreme Court provides guidance to employers in France on how to deal with employees who wear religious symbols in the workplace....more

Federal Employment Case Update | Pizza and Beer

Members of Certified Class Lack Standing to Challenge Class Arbitration Ban - Conners v. Gusano’s Chicago Style Pizzeria - United States Court of Appeals, Eighth Circuit - When Jacqueline Conners brought a class...more

Transgender Litigant Challenges Exclusion of "Gender Identity Disorder" in Americans with Disabilities Act

The Americans with Disabilities Act, 42 U.S.C. § 12191, et seq. ("ADA"), expressly excludes from its protections individuals whose gender identity disorder is not the result of a physical impairment. The so-called "GID...more

Middle District of Pennsylvania Dismisses Data Breach Class Actions for Lack of Standing

Yet another federal judge has concluded that an individual whose personal information was allegedly accessed during a data breach lacks standing to sue unless and until there has been a misuse of that personal information or...more

DOL Will Not Enforce Final FMLA Regulation Regarding Same-Sex Spouses in Four States

Last week, I reported that a federal district court in Texas had halted the DOL’s enforcement of its final rule that would allow employees to take FMLA leave for their same-sex spouse. ...more

Texas Judge Blocks FMLA Same-Sex Spouse Rule in Four States

The Department of Labor’s same-sex spouse rule under the Family and Medical Leave Act was supposed to go into effect on March 27. At the 11th hour, however, a federal judge in Texas stepped in and preliminarily enjoined...more

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