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The Briefing; How Far Back Can You Go: Supreme Court to Decide Circuit Split on Recovery of Copyright Damages
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PODCAST: Williams Mullen's Trending Now: An IP Podcast - IP Litigation Trends: Are Large IP Litigation Damages Awards Here to Stay? – Part 1
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When it comes to workplace-related incidents, the question of liability can often be complex and nuanced. One common scenario involves damage to an employee's car while parked in the employer's parking lot. This article...more
On April 8, 2024, National Labor Relations Board (NLRB or Board) General Counsel Jennifer Abruzzo issued GC Memo 24-04, which builds on previous GC memoranda from 2021 and 2022 where General Counsel Abruzzo announced her...more
In Boyer v. Callidus, 2024 ONSC 20, the Ontario Superior Court of Justice found that an employee was entitled to $1.8 million in damages for unpaid vacation, bonuses, and stock options, because the terms of the relevant...more
In Aldergrove Duty Free Shop Ltd. v. MacCallum, 2024 BCCA 28, the Court of Appeal for British Columbia (BCCA) dismissed an employer’s appeal when it agreed with the lower court that the employer could not use the frustration...more
Recently, the Illinois General Assembly have restarted efforts to amend the Biometric Information Privacy Act of 2008 (“the Act”). On January 31, 2024, Senator Bill Cunningham introduced S.B. 2979 ostensibly to answer the...more
In Gannon v. Kinsdale Carriers, 2024 ONSC 1060, the Ontario Superior Court of Justice denied common law reasonable notice to an employee who was wrongfully dismissed from her employment on the basis that she failed to...more
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
In the 2023 West Virginia Legislative Session, new legislation was passed to cap damages in deliberate intent cases. House Bill 3270 amends West Virginia Code § 23-4-2 and the deliberate intent exception to the exclusive...more
Question: Can we legally require employees to reimburse the company for damage to customer or company property (i.e., the full amount of damages or insurance deductible)?...more
A Hong Kong employee dismissed via WeChat while in hospital has been awarded substantial damages for pregnancy discrimination. The claimant was a former employee of a logistics company. Between 2007 and 2011, she was...more
On July 18, 2023, the Illinois Supreme Court denied a petition for rehearing in Cothron v. White Castle System, Inc., 2023 IL 128004. The denial comes five months after the Illinois Supreme Court ruled that claims accrue...more
A sweeping proposed bill (A1278B) amending the New York Labor Law to make unlawful any non-compete agreement has passed the state Assembly and is heading to New York Governor Hochul. If signed, the bill would cover all...more
In Teljeur v Aurora Hotel Group, 2023 ONSC 1324, a wrongful dismissal case, the court awarded the plaintiff-employee seven months’ damages for reasonable notice, and $15,000 in moral damages due to the employer’s bad-faith...more
Last week, former CDF Labor Law attorney, and current CEO of the California Chamber of Commerce (“Cal Chamber”), Jennifer Barrera, published a compelling argument surrounding the issues concerning the California Private...more
The Alberta Court of Appeal determined that Canada Emergency Response Benefit (“CERB”) payments are not deductible from wrongful dismissal damages, following an emerging trend from other jurisdictions....more
The Alberta Court of Appeal (ABCA) recently addressed an increasingly common question—whether financial support provided under the Canadian Emergency Response Benefit (CERB) program to workers directly affected by COVID-19...more
In Osmani v. Universal Structural Restorations Ltd., 2022 ONSC 6979, an Ontario court was the first to consider a claim for damages for the statutory tort of human trafficking under the Prevention of and Remedies for Human...more
December never is a “slow” month in “labor law land.” Even though offices are winding down and some are closing for the holidays, the National Labor Relations Board (the “Board”) always enjoys dropping a few seismic...more
First Canadian Appellate Court determines that Canada Emergency Response Benefits (“CERB”) payments are not deductible from wrongful dismissal damages. In Yates v Langley Motor Sport Centre Ltd., the British Columbia...more
The recent decision of the Alberta Court of Queen’s Bench, Wisser v CEM International Management Consultants Ltd., 2022 ABQB 414, determined that the oppression remedy under the Alberta Business Corporations Act (“ABCA”),...more
In Wisser v CEM International Management Consultants Ltd, 2022 ABQB 414 (CEM International), the court used the oppression remedy to hold directors of a corporation personally liable for damages for wrongful dismissal after...more
At issue in RKI Exploration and Production LLC v. AmeriFlow Energy Services LLC and Crescent Services, LLC. were two Master Service Agreements. RKI was the operator of a well in Loving County; AmeriFlow and Crescent were...more
Fabrication, Coating, and Assembly Company Fired Employee Because of His Depression, Federal Agency Charged - ATLANTA – Ranew’s Management Company, Inc. (“Ranew’s”), a local, state, and national provider of fabrication,...more
Under Title VII, an employer can be held liable for retaliation by a non-supervisory co-worker if (1) the conduct is sufficiently severe to dissuade a complaint of discrimination; (2) management was aware of the behavior; and...more
On May 7, a California District Court Judge granted Victory Woodworks, Inc.’s (“Victory”) motion to dismiss all COVID-19 liability claims in plaintiffs Robert and Corby Kuciemba’s amended complaint. Kuciemba et al. v. Victory...more