Podcast - FTC Commissioner Dismissals: Background and Implications
The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
(Podcast) The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
Fifth Circuit Affirms District Court’s Striking of Class Allegations
Eighth Circuit Reverses Dismissal of Putative Class Claims
Nota Bene Episode 98: The U.S. Supreme Court’s Mark on U.S. Antitrust Law for 2020 with Thomas Dillickrath and Bevin Newman
Class Action Suit Against Instagram for New Terms of Service Dismissed
A judge just dismissed a safety claim being prosecuted by North Carolina workplace safety officials after it was revealed at trial that NC OSHA inspectors had been shredding handwritten notes and other documents from their...more
On January 4, the Third Circuit affirmed the dismissal of a former bank executive’s whistleblower retaliation claims, holding that two procedural errors doomed his case: he sued before exhausting his administrative remedies;...more
On November 1, a federal court in New York dismissed a lawsuit filed by several Amazon workers that largely sought to compel the company to comply with public health guidance. The case, Palmer v. Amazon.com Inc., was notable...more
On November 1, 2020, the United States District Court for the Eastern District of New York in Palmer et al. v. Amazon.com Inc. et al., No. 20-cv-2468, 2020 WL 6388599, dismissed a lawsuit against Amazon alleging failures to...more
One question that employers have been asking since the onset of the pandemic is whether they could be sued by employees who get sick as a result of being exposed to an infected coworker. Plaintiffs’ and defendants’ lawyers...more
More than six months into the pandemic, there is still no easy or definitive answer to the question many retailers are asking about whether there is coverage for their business interruption losses related to COVID-19....more
COVID-19 and Unprecedented: Litigation Insights, Issue 22 In our 22nd edition of Unprecedented, our weekly update on COVID-19-related litigation, we see cases against employers continue to rise, and offer insight for...more
This 16th edition of Unprecedented, our weekly update on COVID-19-related litigation, discusses claims ranging from insurance coverage disputes to prisoners’ rights. The top story this week, however, is undoubtedly a Michigan...more
In a workplace safety whistleblower lawsuit recently filed in the U.S. District Court for the Middle District of Florida, an air conditioning technician claims he was fired by his employer, HT Airsystems of Florida, LLC, in...more
A federal court recently dismissed a suit brought by meat processing workers that asked the court to force the plant owner to comply with workplace safety guidance issued by the Centers for Disease Control and Prevention...more
With flu season here and reported incidents of deaths caused by diseases thought to have been eradicated by vaccines on the rise, many healthcare providers are considering mandatory vaccination of employees. The Centers for...more
Bass, Berry & Sims attorney Chris Lazarini provided insight about a Sarbanes-Oxley whistleblower retaliation case brought by a plaintiff claiming she was unjustly terminated. Finding the plaintiff did not timely file an OSHA...more
In addition to OSHA rules, many safety-sensitive businesses use ANSI or other standards organizations’ guidelines to develop their safety programs. Earlier this month, the Eighth Circuit Court of Appeals affirmed dismissal of...more
Employees and their counsel have been very aggressive in attempting to couch employment claims as state-law matters and filing claims in state court instead of federal court to try to avoid the federal judiciary. For various...more
A Texas federal court has refused to enjoin OSHA’s new rule regarding workplace safety and injury reporting, which went into effect on December 1, 2016. Similar to employers’ recent successful challenge of the DOL’s overtime...more
As we previously discussed, the U.S. Occupational Safety and Health Administration made waves earlier this year with its newly announced position that employers who conduct post-accident drug or alcohol testing might violate...more
Yesterday, a federal judge denied a preliminary injunction filed by several businesses and business groups regarding the anti-retaliation portion of OSHA’s final rule regarding injury and illness reporting. As previously...more
Seyfarth Synopsis: The Federal District Court has denied industry’s request to enjoin OSHA’s new rules on mandatory post-accident drug screenings and safety incentive programs, workplace retaliation, and requiring employers...more