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Getting Sued in All the Wrong Places: Supreme Court Opens Door to Suits in Unrelated States

Let’s say that your company is incorporated in Michigan, headquartered in Michigan, and does business there and in a dozen other states. One of your customers in Texas claims the products it purchased from you and that you...more

U.S. Supreme Court: Strike Does Not Protect Union from Lawsuit for Damage to Company Property

Can a union be sued by management for destroying company property during a strike? On June 1, 2023, the U.S. Supreme Court answered the question in the affirmative....more

U.S. Supreme Court Sides with Public High School Coach in Free Speech/Freedom of Religion Case

The U.S. Supreme Court issued a ruling which will have wide-ranging effects on the ability of governmental entities to react to religious and other speech of public employees. In Kennedy v. Bremerton Schools, the Court ruled...more

Government Flagpole, Government Speech? Supreme Court Decides Boston Lawsuit

When the government allows a private group to display its message on public property, the message does not necessarily become government speech, and the private speaker may remain entitled to First Amendment protections....more

Supreme Court Holds Emotional Distress Damages Are Not Recoverable for Claims Arising Under Some Antidiscrimination Statutes

On April 28, 2022, the U.S. Supreme Court issued its 6-3 decision in Cummings v. Premier Rehab Keller, P.L.L.C., holding that emotional distress damages are not recoverable in a lawsuit brought under the Rehabilitation Act of...more

Supreme Court Holds Union Organizer Entry on Private Property Violates 5th Amendment

In a decision that may concern employers, the Supreme Court held on June 23, 2021, that a California state regulation that required agricultural employers to allow union organizers onto their property for up to three hours...more

Supreme Court Holds Public School Regulation of Off-Campus Student Speech Violates 1st Amendment

On June 23, 2021, the Supreme Court held in Mahanoy Area School District v. B.L that a public school may not regulate off-campus student speech where there is no substantial disruption of school activities. In Mahanoy, a...more

United States Supreme Court Rules Public Sector Unions Cannot Collect Agency Fees from Non-Members

In a 5-4 decision, the United States Supreme Court has held in Janus v. AFSCME that public sector unions cannot require non-union bargaining unit members to pay union dues. The Court held that the requirement violates the...more

Supreme Court Rules That Unaccepted Offer of Judgment Does Not Moot Class Action & NLRB Doubles Down on Horton and Expands Its...

An unaccepted settlement offer or offer of judgment does not moot a plaintiff's case, the U.S. Supreme Court ruled this week in Campbell-Ewald Co. v. Gomez. In the case, Jose Gomez filed a nationwide class-action on behalf of...more

SCOTUS Pregnancy Discrimination Ruling Could Have Wide Impact On Discrimination Cases

Employers should re-evaluate any employment policies that exclude –intentionally or not –pregnant employees from job accommodations, leave or other benefits in the face of Wednesday’s U.S. Supreme Court decision in Young v....more

Agency Fees Can’t Be Required for Illinois Rehab Personal Assistants, SCOTUS Rules

The State of Illinois cannot require Rehabilitation Program “personal assistants” (PAs) who decide not to join a union, to pay compulsory union dues, commonly known as “agency fees,” the U.S. Supreme Court ruled in Harris v....more

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