News & Analysis as of

Employer Liability Issues Frivolous Lawsuits

Proskauer - California Employment Law

California Reclaims Top Spot in Annual “Judicial Hellhole” Awards!

After temporarily falling to third place in 2020, California once again claims the top spot on the American Tort Reform Foundation’s (ATRF) annual list of “Judicial Hellholes.” While California has not taken home the gold in...more

Amundsen Davis LLC

New Pending Illinois Legislation Could Impact Potential COVID-19 Exposure Claims

Amundsen Davis LLC on

Illinois legislators have introduced new legislation that, if passed, could drastically alter the liabilities faced by employers and businesses to potential COVID-19 exposure claims. House Bill 3003, the “COVID-19...more

Best Best & Krieger LLP

Doing Business in 2020: Courts Tackle Employment Law

Part 2: New Employment-Related Court Decisions Impacting California’s Public and Private Entities - California and federal courts handed down a number of labor and employment-related decisions last year, impacting...more

Dentons

Lessons for Employers from Extended Litigation

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Lawyers love to follow the intricacies of litigation - we read the court decisions and follow matters through trials like some follow the latest happenings in their favorite TV drama. CRST Van Expedited v. EEOC - From...more

Parker Poe Adams & Bernstein LLP

Eighth Circuit Affirms Attorneys Fees Award Against EEOC Based on Frivolous Claims

In 2007, the Equal Employment Opportunity Commission filed suit against a trucking company, alleging a pattern and practice of sexual harassment affecting a class of 270 female employees. The district court dismissed the...more

Manatt, Phelps & Phillips, LLP

California Appellate Panel: No Fees, Costs for Nonfrivolous FEHA Cases

Why it matters - An award to a prevailing party for fees and costs after the losing party rejected a Section 998 pretrial settlement offer does not apply to nonfrivolous cases filed under the Fair Employment and Housing...more

Fisher Phillips

Avoiding The Blame Game: How To Limit Your Liability To Other Companies’ Employees

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Numerous individuals who work in retail stores are actually employed by a company other than the retailer itself. These include vendor employees stocking product, sampling employees who offer customers tasty treats, inventory...more

Jones Day

Brazilian Labor Reform: Reshaping the Employer–Employee Relationship

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The Situation: High unemployment rates, combined with an outdated Brazilian protectionist labor regime that imposed high costs on employers, created the opportunity for a new approach to labor regulation. The Result: Brazil...more

Ruder Ware

Attempted End Run Around Wisconsin’s Exclusive Remedy of Worker’s Compensation Fails in Asbestos Litigation in the Seventh Circuit

Ruder Ware on

Wisconsin’s exclusive remedy of worker’s compensation has long been a bulwark against civil suits brought by employees (subject to a few narrow exceptions not applicable here). This bulwark has survived a creative attack in...more

Ervin Cohen & Jessup LLP

Private Attorney General Act Amendment Permits More Government Oversight of Claims

Buried in an appropriations bill designed to address no fewer than 42 separate issues is a small, but important item for California employers. In response to requests for legislative restrictions on the Private Attorneys...more

Seyfarth Shaw LLP

A Cure for PAGA? At Least for Some Frivolous Wage Statement Claims

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California employers had reason to celebrate over the weekend, as Governor Jerry Brown signed legislation to curb frivolous “PAGA” lawsuits alleging noncompliance with itemized wage statement requirements in California Labor...more

Foley & Lardner LLP

Seventh Circuit Reminds Attorneys to Conduct “Reasonable Amount of Legal Research” Before Filing Claims

Foley & Lardner LLP on

Under the federal civil rights statutes, plaintiffs who prevail ordinarily receive an award of attorneys’ fees that must be paid by the defendant. But, in order not to deter plaintiffs from filing such claims, the reverse is...more

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