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Corporate Counsel Fourteenth Amendment

Husch Blackwell LLP

Wash. Federal Judge Pokes Hole in New Wave of Vaccine Mandate Challenges

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In response to the COVID-19 pandemic, pharmaceutical companies like Pfizer worked diligently to develop safe and effective vaccines. Following the FDA’s approval of these vaccines, many state governments and private...more

Proskauer - Corporate Defense and Disputes

Federal Court Invalidates California’s Board-Diversity Statute

A California federal court held that a California statute requiring California-based corporations to have a minimum number of directors from designated under-represented groups violates the federal Constitution’s Equal...more

MG+M The Law Firm

Mallory v. Norfolk: One Decision to Potentially Overturn Them All

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The Mallory v. Norfolk case—currently pending before the US Supreme Court—could potentially overturn recent rulings on issues related to personal jurisdiction and impact many businesses across the country....more

Nelson Mullins Riley & Scarborough LLP

Personal Jurisdiction of Opt-In Plaintiffs Under the FLSA: Will the Supreme Court Resolve the Circuit Split this Summer?

Following the U.S. Supreme Court’s landmark opinion in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), a question arising under the Fair Labor Standards Act (FLSA) collective actions is...more

Fisher Phillips

Congress Passes Landmark Bill Protecting Same-Sex Marriage: Key Takeaways for Employers

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In a historic move, both chambers of Congress have approved legislation protecting the right of same-sex couples to get married, and President Biden is expected to quickly sign the bill into law. The U.S. House of...more

Morrison & Foerster LLP

Cost Of Doing Business? Supreme Court Scrutinizes Constitutionality Of Requiring Companies To Consent To General Personal...

In an important case that could blow the doors open on personal jurisdiction so that corporations can be subject to suit anywhere they do business, the Supreme Court heard oral argument on Tuesday. In Mallory v. Norfolk...more

Jackson Lewis P.C.

Looking Ahead: Upcoming U.S. Supreme Court Cases Employers Need to Know

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The U.S. Supreme Court decisions that were issued in June 2022 had a significant impact on employers, and employers are now looking at implementing policies and practices in response to the decisions....more

Jackson Walker

Supreme Court Addresses Federal Arbitration Act’s Residual Clause, But Circuit Split Remains Regarding Personal Jurisdiction in...

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On June 6, 2022, the Supreme Court addressed two cases involving employment law issues. The Court’s significant opinion in Southwest Airlines Co. v. Saxon regarding the scope of the residual clause contained in Section 1 of...more

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

Sixth Circuit Limits Exercise of Personal Jurisdiction in FLSA Collective Actions

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

Fisher Phillips

June 2021: The Top 19 Labor And Employment Law Stories

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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 have been an unprecedented number of changes for the past few years—and this past month...more

Nossaman LLP

COVID-19 Update: Takings Lawsuits May be Making Headway

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We have been following for some time now the COVID-19 takings lawsuits that have been popping up since California’s first closure orders. As we previously reported, these cases did not seem to be making much traction in the...more

Carlton Fields

Split Over Impact of Bristol-Myers Squibb on Class Actions Deepens

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Bakov v. Consolidated World Travel, Inc. is the latest salvo in the conflict over whether the Supreme Court’s personal jurisdiction decision in Bristol-Myers Squibb applies in the class action context. ...more

Seyfarth Shaw LLP

Maryland State Government Employee’s Job Duties Reinstated after Demotion Following Facebook Post

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Seyfarth Synopsis: Employees’ use of their personal social media accounts in ways that could impact an employer’s business present challenges to employers....more

Jones Day

Out of State, Out of Luck: Federal Court Rejects Nationwide TCPA Class Action Claims

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The Situation: A federal court recently considered whether a plaintiff could maintain a nationwide Telephone Consumer Protection Act ("TCPA") class action brought on behalf of class members who did not reside in the state...more

Carlton Fields

A Treat For Plaintiffs’ Lawyers: Middle District of Florida Finds Bristol-Myers Squibb Inapplicable to Class Actions

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As we previously reported, courts continue to sift through the unsettled law left in the wake of the U.S. Supreme Court’s decision in Bristol-Myers Squibb v. Superior Court of California. ...more

FordHarrison

Seventh Circuit Holds Distressed County Did Not Violate ADEA When It Terminated Rehired Retirees to Preserve Supplemental Health...

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On July 26, 2017, the United States Court of Appeals for the Seventh Circuit in Carson v. Lake County, Indiana affirmed the district court’s order granting summary judgment to the employer on the plaintiffs’ Age...more

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

States May Not “Hale” an Out-of-State Railroad: No Personal Jurisdiction, Supreme Court Rules

On May 30, 2017, the Supreme Court of the United States held that section 56 of the Federal Employers’ Liability Act (FELA) does not address personal jurisdiction over railroads. The two underlying lawsuits were filed in...more

Littler

Supreme Court Upholds Consideration of Race in a College Admissions Program – What Does This Mean for Employer Diversity Efforts?

Littler on

On June 23, 2016, the U.S. Supreme Court issued an opinion for the second time in Fisher v. University of Texas at Austin, (Fisher II), a case that directly questioned whether race can be considered at all in college...more

Polsinelli

Delaware Supreme Court: No General Jurisdiction Over Non-Delaware Businesses Simply by Virtue of Registering to Do Business in...

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Merely registering to do business in Delaware does not subject a non-Delaware company to the general jurisdiction of Delaware courts. In Genuine Parts Company v. Cepec, Delaware Supreme Court Chief Justice Leo E....more

Ballard Spahr LLP

Fifth Circuit Rejects Constitutional Challenge to Texas "No Credit Card Surcharge" Law

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A Texas law that prohibits merchants from imposing a surcharge on credit card purchases, but allows a discount for cash purchases, does not violate the First Amendment of the U.S. Constitution, a divided panel of the U.S....more

Baker Donelson

Same-Sex Marriage and Employment Discrimination: The Future of Sexual Orientation Bias Claims

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On June 26, 2015, the Supreme Court of the United States legalized same-sex marriage throughout the country. In Oberfell v. Hodges, the Court held that Section 1 of the Fourteenth Amendment – commonly referred to as the Equal...more

Foley & Lardner LLP

So Same-Sex Marriage Is Legal … Now What? Important Decisions Employers Face Now

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In Obergefell v. Hodges, the U.S. Supreme Court held that the 14th Amendment to the Constitution requires all 50 states to license marriages between same-sex couples and to recognize same-sex marriages performed out-of-state....more

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

The Same-Sex Marriage Ruling: Key Employment Law Take-Aways

On June 26, 2015, the Supreme Court of the United States answered the two questions it posed in the consolidated same-sex case, Obergefell v. Hodges, No. 14-556 (June 26, 2015). The consolidated case arose from challenges to...more

Proskauer - Employee Benefits & Executive...

The U.S. Supreme Court Finds a Constitutional Right to Same-Sex Marriage: Implications for Employee Benefit Plan Sponsors

On June 26, 2015, the U.S. Supreme Court issued a historic decision in Obergefell v. Hodges, holding that the Fourteenth Amendment’s Due Process and Equal Protection Clauses require states to allow same-sex marriage and to...more

Constangy, Brooks, Smith & Prophete, LLP

Public employers, you can’t drug test as if you were in the private sector

Karen Voss was offered a newly created position of Solid Waste Coordinator with the City of Key West. The job entailed marketing and planning related to the city’s recycling programs, and “overseeing other tasks within the...more

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