Searching Content indexed under Trials & Appeals & Compensation by Seyfarth Shaw LLP ordered by Published Date Descending.
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Supreme Court Hears Landmark Cases On Title VII Sexual Orientation And Gender Identity Discrimination
On October 8th, the Supreme Court heard oral argument in a trio of cases that may decide whether Title VII prohibits discrimination on the basis of sexual orientation and gender identity.
United States
16 Oct 2019
New Limitations On Confessions Of Judgment In New York
A procedural device known as a "confession of judgment" has long been an important tool in New York state. Section 3218 of New York's Civil Practice Law and Rules ...
United States
11 Oct 2019
New York Judge Criticizes Plaintiff's ADA Firm For Refusing To Discuss Early Settlement And Engaging In Fee-Churning Litigation Tactics
Seyfarth Synopsis: Businesses are defending record numbers of ADA Title III cases every year. A recent decision in New York underscores the challenges...
United States
10 Oct 2019
Keeping It Local: Another Court Denies FLSA Conditional Certification Due To Lack Of Personal Jurisdiction
Furthering a recent trend, a judge in the District of Massachusetts denied a motion for conditional certification.
United States
9 Oct 2019
The 10th Circuit Grants Re-Leaf To Workers Seeking Overtime Under The FLSA
Looks like arguments seeking to dismiss FLSA wage claims under the guise that "cannabis is illegal under federal law" have gone up in smoke.
United States
1 Oct 2019
The Seventh Circuit Holds "Indignation" Is Not An Injury-In-Fact
In a recent decision, the Seventh Circuit agreed with the Fourth Circuit in holding that a plaintiff who is legally barred
United States
24 Sep 2019
Ohio Federal Judge Crafts An Unprecedented Class Action Mechanism To Bring Relief To Counties And Cities Struggling To Address Opioid Crisis
For obvious reasons, the ruling of Judge Polster is well worth a read for any company involved in class action litigation.
United States
20 Sep 2019
Seyfarth Attorneys To Speak On Panels At The 2019 NAPBS Annual Conference
Seyfarth attorneys Pam Devata, Esther Slater McDonald, Courtney Stieber, John Drury, and Rob Szyba are speaking at multiple key sessions during the 2019 NAPBS Annual Conference in San Antonio
United States
12 Sep 2019
Fifth Circuit Holds The TCPA Does Not Apply To Federal Court Diversity Cases
On August 23, 2019, the United States Court of Appeals for the Fifth Circuit issued its long-awaited opinion in Klocke v. Watson, 17-11320, 2019 WL
United States
5 Sep 2019
California Invalidates Wage Arbitration Agreement, Inviting U.S. Supreme Court Review
Seyfarth Synopsis: The California Supreme Court invalidated an employment arbitration agreement on August 29, 2019. At issue in OTO, LLC v. Kho was an agreement to arbitrate employment claims
United States
5 Sep 2019
ERISA Means What It Says And Nothing More
Seyfarth Synopsis: The Court of Appeals for the Seventh Circuit recently held that once a multi-employer pension fund accelerates withdrawal liability periodic payments into a lump sum liability
United States
29 Aug 2019
Maryland Low-Wage Workers Are Exempt From Non-Compete Clauses
Joining the wave of jurisdictions limiting the competitive restraints employers may place on low-wage employees is Maryland.
United States
28 Aug 2019
Florida Judge Sanctions Serial ADA Plaintiff Alexander Johnson And Attorney Scott Dinin
People often ask us why plaintiffs are filing hundreds of ADA Title III lawsuits when the law only allows for injunctive relief and attorneys' fees and costs.
United States
28 Aug 2019
Good News For Employers: D.C. Circuit Insists On "Hard Look" At Uninjured Class Members At Class Certification Stage
Seyfarth Synopsis: In a decision with far–reaching implications for workplace class actions, the D.C. Circuit recently affirmed the denial of class certification of a Rule 23(b)(3) class
United States
23 Aug 2019
Whew! Fifth Circuit Reinforces Importance Of Documenting Performance Issues
In affirming summary judgment in favor of the defendant in an Family and Medical Leave Act (FMLA) interference and retaliation case, the Fifth Circuit reinforced the importance of documenting performance issues and...
United States
22 Aug 2019
Companies Remain In Suspense On AB 5 Independent Contractor Bill
Seyfarth Synopsis: The hotly contested AB 5 was put on hold, but is widely expected to be revived before the end of the legislative session.
United States
19 Aug 2019
Filings Begin Under New York's Child Victim Act: Know The Rules
The Child Victim Act is now law and will have a significant impact on New York's educational and religious institutions and other civic organizations that care for children.
United States
15 Aug 2019
Exclusion For Gender Reassignment Surgery May Disadvantage A "Suspect Class"
In Toomey v. U of Arizona, No. 19-35 (D. Ar. June 24, 2019), the Magistrate Judge determined on a motion to dismiss that Title VII does not prohibit discrimination based on a person's transgender status.
United States
14 Aug 2019
On Or Off-Duty, Meal Periods Must Be 30 Minutes
A California Court of Appeal has held that on-duty meal periods under IWC Wage Order No. 5 must be at least 30 minutes long.
United States
12 Aug 2019
When An Innocent ERISA Administrator Mistake Can Lead To Money Damages
A recent decision of the federal district court for the Southern District of New York warns ERISA fiduciaries that even innocent mistakes that do not misuse plan assets or unjustly enrich the fiduciaries...
United States
6 Aug 2019
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