On May 19, 2023, in Clark v. A&L Home Care and Training Center, LLC., the United States Court of Appeals for the Sixth Circuit rejected the familiar two-step certification procedure in collective actions under the Fair Labor...more
On August 17, 2021, the Sixth Circuit Court of Appeals became the first federal appellate court to expressly rule on the application of the Supreme Court of the United States’ decision in Bristol-Myers Squibb Co. v. Superior...more
8/26/2021
/ Appeals ,
Bristol-Myers Squibb ,
Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Collective Actions ,
Corporate Counsel ,
Due Process ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Forum State ,
Fourteenth Amendment ,
Jurisdiction ,
Opt-In ,
Personal Jurisdiction ,
Wage and Hour
On October 6, 2020, in Bennett v. Metropolitan Government of Nashville, No. 19-5818, the U.S. Court of Appeals for the Sixth Circuit reversed a district court’s decision in favor of a public employee who claimed that the city...more
11/11/2020
/ Appeals ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
First Amendment ,
Fourteenth Amendment ,
Hate Speech ,
Offensive Language ,
Presidential Elections ,
Public Employees ,
Public Employers ,
Racial Bias ,
Reversal ,
Slurs ,
Social Networks
On August 19, 2020, in Marquardt v. Carlton, et al., No. 19-4223, the U.S. Court of Appeals for the Sixth Circuit reversed summary judgment for the City of Cleveland on a former employee’s claim that the city had terminated...more
8/31/2020
/ Appeals ,
Employer Liability Issues ,
Employment Litigation ,
First Amendment ,
Free Speech ,
Online Platforms ,
Political Speech ,
Public Employees ,
Public Forum ,
Retaliation ,
Reversal ,
Summary Judgment
In Viet v. Copier Victor, Inc., No. 18-6191 (March 10, 2020), the U.S. Court of Appeals for the Sixth Circuit affirmed summary judgment for Copier Victor and its founder, Victor Le, on an employee’s overtime claims under the...more
In Jones v. Johnson, No. 18-2252 (January 9, 2020), the Sixth Circuit Court of Appeals considered the discoverability of comparator information in a case involving an allegation that an employer failed to promote an employee....more
1/20/2020
/ Appeals ,
Department of Homeland Security (DHS) ,
Depositions ,
Discovery ,
Employer Liability Issues ,
Employment Litigation ,
FRCP 26(b)(1) ,
Gender Discrimination ,
Job Promotions ,
Motion for Summary Judgment ,
Proportionality ,
Public Employers ,
Remand ,
Reversal ,
Scope of Discovery Requests ,
Wage and Hour