Eighth Circuit Reverses Dismissal of Putative Class Claims
DE Under 3: Reversal of 2019 Enterprise Rent-a-Car Trial Decision; EEOC Commissioner Nominee Update; Overtime Listening Session
Revisiting McGirt: New Legal Developments Challenge Oklahoma’s Landmark Ruling
Court of Appeals Reversals from a Criminal Perspective | Jim Huggler | Texas Appellate Law Podcast
The Immediate and Lasting Impacts of McGirt: A Novel Ruling for Oklahoma
The Dangers of Untimely Filings – What Employers Need to Know
Nota Bene Episode 98: The U.S. Supreme Court’s Mark on U.S. Antitrust Law for 2020 with Thomas Dillickrath and Bevin Newman
#BigIdeas2020: NLRB’s Actions Impact Employers in 2020 - Employment Law This Week® - Trending News
Jones Day Talks: Women in IP: The Supreme Court's "Copyright Day"
Podcast: South Dakota v. Wayfair
E17: Carpenter Decision Builds Up Privacy from #SCOTUS
I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class
Seyfarth Synopsis: California’s Second District Court of Appeal recently reversed a 12.6 million jury verdict in favor of an independent contractor’s employee for injuries he suffered from a broken roof hatch of a commercial...more
The PA Supreme Court has extended the Workers’ Comp application of the “traveling employee” doctrine to include an employee’s attendance at happy hours, holiday parties and other social gatherings that are sponsored by the...more
In Gabriel v. WCAB (Procter and Gamble Products Company), the Commonwealth Court of Pennsylvania reversed WCJ and WCAB rulings and awarded unreasonable contest counsel fees for an employer’s failure to issue a Bureau document...more
On January 16, 2020, the New Mexico Supreme Court issued its decision in Mendoza v. Isleta Resort and Casino, holding that a tribe does not waive its sovereign immunity to workers’ compensation claims merely by committing in...more
Prevention of occupational hazards and management of matters related to safety and the protection of health at work are major concerns for all those involved in labor law. This newsletter reviews five notable court...more
A recent United States Supreme Court ruling held that a plaintiff may not recover punitive damages on a maritime claim of unseaworthiness. This new ruling has resolved a split among the circuits and has essentially reinforced...more
On June 24, the Supreme Court held in Dutra Group v. Batterton that punitive damages may not be awarded under federal maritime law in connection with an unseaworthiness claim....more
On June 24, 2019, the U.S. Supreme Court — in a 6 to 3 decision — held that a seaman may not recover punitive damages on a claim of vessel unseaworthiness. In Exxon Shipping Co. v. Baker, the Supreme Court previously...more
The Supreme Court of the United States, on writ of certiorari in Dutra Group v. Christopher Batterton, 588 U.S. ___ (2019), has resolved a circuit split between the Fifth and Ninth Circuits regarding whether a seaman can...more
On June 24, 2019, the United States Supreme Court decided Dutra Group v. Batterton, No. 18-266, holding that a plaintiff may not recover punitive damages on a claim of unseaworthiness. Christopher Batterton worked as a...more
The Kansas Supreme Court recently reversed the Kansas Court of Appeals, and re-instated a three-plus million dollar jury verdict in favor of an injured BNSF Railway worker. It did so after finding that it was for the jury —...more
On March 4, 2019, the Supreme Court issued a decision in BNSF Railway Co. v. Loos, which ostensibly was limited to the Federal Employers’ Liability Act (FELA). However, FELA is incorporated by reference in the Jones Act,...more
On March 4, 2019, the U.S. Supreme Court held in BNSF Railway Co. v. Loos that a railroad’s payment to an employee for work time lost due to an on-the-job injury is taxable compensation under the Railroad Retirement Tax Act...more
On March 4, 2019, the Supreme Court of the United States decided BNSF Railway Co. v. Loos, No. 17-1042, holding that a railroad’s payment to an employee for lost wages due to an on-the-job injury is taxable “compensation”...more
What if your employee plaintiff sues you and then demands to take the deposition of your company CEO or some other high-level corporate executive who has no personal knowledge about the facts of the case? No one would be...more
On July 13, 2017, Houston's Fourteenth Court of Appeals in Berkel & Company Contractors, Inc. v. Lee, 2017 WL 2986856, reversed a $43.5 million jury verdict for a superintendent who lost a leg after a crane collapsed at a...more
An appellate court in Kansas ruled that an insufficient urine specimen, without evidence of intent to thwart the drug test, is not a refusal to submit to a test for purposes of the Workers’ Compensation Act. Byers v. Acme...more
On October 31, 2016, a $1 million dollar judgment against BNSF Railway Co. evaporated when the U.S. Court of Appeals for the Seventh Circuit set groundbreaking precedent under the Federal Railroad Safety Act (FRSA) and...more
Since the early 1930s, the Tennessee Supreme Court has consistently ruled that an employee’s injury during voluntary recreational activity is not compensable as a work-related accident. However, Tennessee Code Annotated §...more
Supreme Court Advance Release Opinions: SC19516 - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. ...more
In Caterpillar Logistics Services, Inc. v. Amaya, 2016 WL 822020 (Fla. 3d DCA July 13th, 2016), Rudolph Amaya suffered an on-the-job injury to his back and knee while working at Caterpillar’s facility. Shortly thereafter,...more
Circuit courts and appellate courts commonly apply “great weight deference” to worker’s compensation benefit determinations made by the Labor and Industry Review Commission (“LIRC”), but not this time. In an unpublished...more