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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Nobody Doesn’t Like Terminating Sanctions for Fabrication of Text Messages: eDiscovery Case Law

by CloudNine on

In Lee v. Trees, Inc., No. 3:15-cv-0165-AC (D. Or. Nov. 6, 2017), Oregon Magistrate Judge John V. Acosta granted the defendants’ motion for terminating sanctions where the plaintiff was found to have manufactured text...more

Back Pay Burden-New Trial Ordered Where Jury Slashed Plaintiff’s Request For Back Pay

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Sixth Circuit ordered a new trial in a Title VII case where plaintiff presented evidence he was entitled to back pay, the employer presented no evidence to the contrary, and the jury only awarded a...more

Texts From Your Ex? Not So Fast- Make Sure To Preserve Your Evidence

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A case out of the District of Oregon recently dismissed a Plaintiff’s sexual harassment and retaliation claims where the allegations relied on manufactured text messages that Plaintiff failed to produce. ...more

Fourth Circuit Raises Bar for Dismissal of Sexual Harassment Claims

Through the 2000s, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) had the reputation as one of the most employer-friendly U.S. appellate courts. As new judges took to the bench over the...more

New Jersey’s Conscientious Employee Protection Act Requires Election of Remedies Before Summary Judgment

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. District Court for the District of New Jersey recently held that the proper time for a plaintiff to elect whether to proceed with a statutory whistleblower claim under CEPA, or a common law Pierce...more

EEOC Can’t Mess With Texas (Until Folks Have A Chance To Comment On Substantive Rule)

by Sherman & Howard L.L.C. on

The U.S. District Court for the Northern District of Texas has enjoined the Equal Employment Opportunity Commission (EEOC) from enforcing its guidance on background checks against Texas. The guidance, Texas argued, directly...more

Accountant and Attorney Liability NewsBrief - Winter 2018

by LeClairRyan on

Our attorneys have published the Winter 2018 edition of LeClairRyan's Accountant and Attorney Liability NewsBrief, available. Please see full Publication below for more information....more

Employment Law - February 2018

Supreme Court Hits Pause on State Statutes of Limitation - Why it matters - Weighing in on the definition of “tolled,” the Supreme Court declared the time limit on state claims stops while federal claims are pending....more

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

Recent Pay Equity Cases Show That Such Cases Are Ill-Suited For Class Treatment

by Seyfarth Shaw LLP on

We’re pleased to share a thoughtful look at whether lawsuits alleging illegal pay disparities under California law are suitable as class actions. This post, recently featured on Seyfarth’s Pay Equity Issues & Insights Blog,...more

EEOC's Background Check Guidance Suffers Loss in Texas Federal Court

by Littler on

On February 1, 2018, a federal judge enjoined the EEOC and U.S. Attorney General from enforcing against the State of Texas the EEOC’s 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in...more

California Court “Swipes Left” And Reverses Tinder’s Age-Based Price Discrimination Win

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a class action lawsuit alleging that Tinder discriminated on the basis of age in violation of California state laws by charging consumers age 30 and over a higher price for Tinder Plus subscriptions, the...more

Medical Residency Program Demonstrates Importance Of Documenting And Consistently Applying Job Requirements

by Jackson Lewis P.C. on

In Rodrigo v. Carle Foundation Hospital, No.16-1403 (7th Cir.), plaintiff was a medical resident in a three-year residency program (the “Program”). In addition to completing certain rotations and passing parts one and two of...more

Obese Employees May Be Protected Under FEHA

In December 2017, the California Court of Appeal published a decision confirming obesity is a protected disability in California if it has a physiological cause. In Cornell v. Berkeley Tennis Club, 18 Cal. App. 5th 908...more

News Now: Your One Minute Legal Insight (Embryos, Marijuana, TABOR, and More)

by Sherman & Howard L.L.C. on

As always, there are a lot of topics to cover in this edition of News Now. Here are your highlights...more

Extended Consideration of Accommodation Request OK in Unusual Circumstances

Employers understand their obligation to engage in an interactive process to address accommodation requests made by disabled employees. How long does the employer have to reach a conclusion with regard to the accommodation...more

Sharing an Employee’s EEOC Charge With Other Employees May Violate the ADA

The right to communicate with the Equal Employment Opportunity Commission (EEOC) is protected by federal law. In fact, the EEOC’s Strategic Enforcement Plan identifies “preserving access to the legal system” as one of its six...more

Volvo Reaches $70k Settlement In Disability Discrimination Suit After Refusing To Hire Applicant On Suboxone

by Fox Rothschild LLP on

Volvo Group North America, LLC will pay $70,000 and institute a three-year consent decree to resolve a federal disability discrimination suit brought by the U.S. Equal Opportunity Employment Commission (EEOC). According to...more

Consent Decree in BarBri Case Includes Compliance With WCAG Standards for Digital Content

by Ballard Spahr LLP on

BarBri, Inc., a provider of review courses and materials for law school graduates preparing for the bar exam, earlier this month entered into a consent decree to resolve claims that its online and app-based content was not...more

Discrimination Based on a Perceived Disability

by Faegre Baker Daniels on

In The Chief Constable of Norfolk v Coffey [2017] UKEAT 0260_16_1912 the Employment Appeal Tribunal (EAT) considered whether someone who was not disabled could succeed in a disability discrimination claim on the basis that...more

Employment Flash - January 2018

The January 2018 edition of the Employment Flash looks at the Department of Labor's (DOL) new seven-factor internship test, a provision in the new tax law that seeks to reduce the use of nondisclosure agreements in sexual...more

4th Circuit Reinstates Equal Pay Act Case Where Employer did Not Prove Non-Discriminatory Reasons for Wage Disparities

by Weiner Brodsky Kider PC on

The Fourth Circuit Court of Appeals recently decided that three female plaintiffs established a prima facie violation of the Equal Pay Act, 29 U.S.C. § 206 (d) (the “Act”) in a suit against the state government agency that...more

Fifth Circuit Upholds Jury Verdict in Constructive Discharge Case due to Employer’s “Shifting Reasons” for Its Personnel Decisions

In Delaronde v. Legend Classic Homes, Ltd., No. 17-20027 (January 18, 2018), the Fifth Circuit Court of Appeals affirmed a district court’s denial of an employer’s post-verdict motion for judgment as a matter of law, finding...more

Supreme Court Rules Pending Federal Action Stops the Clock on State Limitation Periods

by Jones Day on

On January 22, 2018, the U.S. Supreme Court held in Artis v. District of Columbia, No. 16-640, that 28 U.S.C. § 1367(d) suspends the statutes of limitations on state law claims while those claims are pending in federal court....more

Religious Institutions Update: January 2018 - Lex Est Sanctio Sancta

by Holland & Knight LLP on

Timely Topics - By Shannon B. Hartsfield - The U.S. Department of Health and Human Services (HHS) announced on Jan. 18, 2018, the creation of a new division within its Office for Civil Rights (OCR). OCR is described...more

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