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Employer Liability Issues Sovereign Immunity

Littler

$2.49 Million Verdict Underscores Expansive USERRA Protections

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A little more than a year after U.S. Army veteran Le Roy Torres kept his case alive at the U.S. Supreme Court, a Texas jury voted unanimously to award him $2.49 million on the claim that his former employer, the Texas...more

McGuireWoods LLP

Virginia Court Holds School Board Immune Virginia Human Rights Act Claims

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On June 13, 2023, the City of Norfolk Circuit Court held in Jordan v. Sch. Bd. of the City of Norfolk that sovereign immunity bars a plaintiff’s claims against the Norfolk City School Board for allegedly violating the...more

Dinsmore & Shohl LLP

Smucker’s Vax Mandate Stands, Federal Court of Appeals Hands Broad Win to Federal Contractors

Dinsmore & Shohl LLP on

Private companies doing business with the federal government won a major COVID-19-related victory recently when the Sixth Circuit held in Ciraci v. J.M. Smucker’s Co. that government contractors are not subject to...more

Akerman LLP - HR Defense

A Reminder of Employer Obligations to Service Members

A recent U.S. Supreme Court decision serves as a reminder that employers must not overlook their obligations to reemploy returning service members and accommodate service-related disabilities....more

Sands Anderson PC

Sovereign Immunity Shields the Commonwealth from Virginia Human Rights Act Claims

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It’s good to be the King. That is, it’s good to be the Commonwealth of Virginia or one of its political subdivisions (i.e., state agencies, counties, cities, incorporated towns, school divisions, and more) when it comes to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Holds State Employers Can Be Sued for Discriminating Against Veteran Employees Under USERRA

On June 29, 2022, the Supreme Court of the United States decided that a veteran could sue his former employer, the Texas Department of Public Safety (DPS), under the Uniformed Services Employment and Reemployment Rights Act...more

Kohrman Jackson & Krantz LLP

State Agencies Not Immune From Federal Uniformed Services Employment And Reemployment Rights Act Claims

In a 5-4 decision, the United States Supreme Court held state agencies are not immune from claims brought under the Uniformed Services Employment and Reemployment Rights Act (USERRA) in the case Torres v. Texas Department of...more

McGlinchey Stafford

When Will My Non-Compete Agreement End? - The Bullet Point: A Commercial Law Bulletin

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The Bullet Point is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand the Bullet Point from its previous coverage of Ohio case...more

Poyner Spruill LLP

Farmer v. Troy University (Sovereign Immunity)

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On March 2, 2021, the North Carolina Court of Appeals ruled in Farmer v. Troy University that an Alabama university, which was operating an office in North Carolina was entitled to sovereign immunity and was therefore immune...more

Rumberger | Kirk

5th DCA: Public Medical Center within University System has Sovereign Immunity from Disability Discrimination Lawsuit

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The United States Court of Appeals for the Fifth Circuit has ruled that one factor weighs above all others when evaluating whether an agency is an “arm of the state” and entitled to sovereign immunity under the Eleventh...more

Holland & Knight LLP

Ninth Circuit Affirms Tribal Court Jurisdiction Over Claims Against Nonmember Former Employee

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• In a decision favorable to tribal sovereignty, the U.S. Court of Appeals for the Ninth Circuit affirmed that the tribal court of the Cedarville Rancheria of Northern Paiute Indians (the Tribe) had jurisdiction over claims...more

Littler

New Mexico’s Fair Pay for Women Act Not Limited to Private Employers

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The New Mexico Court of Appeals held in Wolinsky v. New Mexico Corrections Department that the state Fair Pay for Women Act’s definition of “employer” extends to the State of New Mexico and its agencies. ...more

Womble Bond Dickinson

States are Immune from Suit Under the FCRA

Womble Bond Dickinson on

You cannot sue a state under the FCRA. That is the message that a court delivered to a pro se plaintiff in Pendergrass v. Washington Metro. Area Transit Authority, 2018 WL 4938578 (D. D.C. Oct. 11, 2018). Under the facts of...more

Sherman & Howard L.L.C.

State Senate Sues EEOC?

Sherman & Howard L.L.C. on

In a classic “man bites dog” story, the Florida Senate filed a federal lawsuit against the EEOC. The suit seeks to kill an EEOC charge and administrative hearing alleging that a senator sexually harassed a legislative...more

Snell & Wilmer

Indian Tribes Continue to Challenge the NLRB's Jurisdiction Over Casinos Located on Indian Lands

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Indian tribes continue to challenge the NLRB's jurisdiction over casinos located on Indian lands and courts continue to side with the NLRB. In Casino Pauma, the 9th Cir. decided on April 26, 2018, that under the test...more

Poyner Spruill LLP

Governmental Employers Take Note: Court of Appeals allows employee’s claim for violation of N.C. constitution to go forward

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In Tully v. City of Wilmington, No. COA15-956 (N.C. Ct. App. Aug. 16, 2016), the Court of Appeals held for the first time in North Carolina that a governmental employee had alleged a valid property and liberty interest in...more

Dickinson Wright

Gaming Legal News: Volume 8, Number 14: The Intersection Of Federal Labor Law, Tribal Gaming And A Deep Division Within Two Sixth...

Dickinson Wright on

Two separate three-judge panels of the United States Court of Appeals for the Sixth Circuit have rendered labor law decisions concerning Indian casinos in Michigan only 22 days apart. While each of the panels ruled that the...more

Hinshaw & Culbertson LLP

Fourth Circuit Applies Sovereign Immunity to Shield State Hospital Supervisors from Suit

Some employers are immune from liability by virtue of their status as a state-run operation. Employees have become more creative in attempting to obtain recovery from their employers in such situations by naming individual...more

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