July 26, 2017
Health Law, Labor & Employment Law (California Court of Appeal) - Reversing an order granting the defendant's motion under the anti-SLAPP statute in the case of a surgeon suing a hospital for retaliation for whistleblower complaints because the claim arose from alleged acts of retaliation, not due to written or oral statements made during peer review as the defendant characterized.
July 25, 2017
Labor & Employment Law (United States Second Circuit) - Reversing the grant of summary judgment to the plaintiff labor union because the NY State Human Rights Law is not necessarily preempted by the National Labor Relations Act, even when a labor organization is acting in its capacity as a collective bargaining agent.
July 25, 2017
Civil Procedure, Labor & Employment Law, Ethics & Professional Responsibility (United States Third Circuit) - Reversing the pre-discovery dismissal of a wrongful termination claim filed by an in-house patent attorney against their former employer, L'Oreal, alleging that he was terminated for his refusal to violate ethical rules on their behalf because, as the court put it, his allegations were more than skin-deep.
July 24, 2017
Antitrust & Trade Regulation, Labor & Employment Law (United States Ninth Circuit) - Affirming the district court's dismissal of an antitrust claim alleging anti-competitive activities engaged in by a labor union and a multi-employer collective bargaining association, holding that nonstatutory exemption, the Noerrr-Pennington doctrine, and Sherman Act immunized defendants' activities.
July 24, 2017
Constitutional Law, Labor & Employment Law (United States First Circuit) - Affirming the district court's dismissal of the complaint in the alleged conspiracy of non-Hispanic, non-Puerto Rican employees at a US Army garrison to prevent an applicant from receiving the position of head of Directorate of Emergency Services though a 'witch hunt' that resulted in their criminal prosecution, but the mixed claims presented would have required an administrative process before ending up in federal court and they were precluded from their claims as a result; also finding that Bivens did not apply to workplace discrimination claims.
July 21, 2017
Labor & Employment Law, Contracts (United States First Circuit) - Vacating and remanding summary judgment for the defendant in the case of an employment dispute where a marketing and sales director whose employment contract was terminated early where the position required a real estate broker's license and the worker never had one, but the employment contract did not require the worker to have one, since there was dispute about whether the employer was aware that the worker lacked a license and whether the originally intended job duties could be performed without one.
July 21, 2017
Labor & Employment Law, Government Contracts, Injury & Tort Law, Workers' Compensation, International Law (United States Ninth Circuit) - Denying the petition for review of the award of disability benefits under the Defense Base Act and the application of a judicially-created 'zone of special danger' doctrine to a local national injured while employed by a government contractor overseas.
July 21, 2017
Labor & Employment Law, Dispute Resolution & Arbitration, Attorney's Fees (United States Second Circuit) - Affirming the denial of a petition to vacate an arbitration award where the petitioning party alleged perjury by the respondent and misconduct on the part of the arbitrator because the court held that where an award is fraudulently procured the petitioner must demonstrate that the fraud was material to the award and reversing the district court's denial of attorney's fees incurred in defending the arbitration award pursuant to New York law.
July 20, 2017
Labor & Employment Law, Dispute Resolution & Arbitration (United States Federal Circuit) - Vacating and remanding an arbitrator's award sustaining her removal by the Social Security Administration for violations of the Administration's time and attendance policy because the arbitrator considered evidence of other employees with comparable time and attendance issues to be irrelevant since they were under investigation because the differential in treatment was relevant to the employee's claim of differential treatment.
July 20, 2017
Civil Procedure, Labor & Employment Law, Injury & Tort Law (California Court of Appeal) - Affirming the grant of summary judgment to defendants under the Privette doctrine, which prevents an independent contractor's employee from recovering tort damages for work-related injuries from the contractor's hirer because the defendants met their burden for summary judgment and there were no triable issues of material fact as to the application of the Privette doctrine because no evidence was presented that the defendant was involved in the contracted work.
July 19, 2017
Labor & Employment Law, Constitutional Law (United States Second Circuit) - Vacating and remanding a case where the district court provided the wrong standard for determining causation in a Family and Medical Leave Act (FMLA) claim and unduly prejudiced the jury when it instructed the jury that they could infer that the plaintiff would have answered 'yes' to questions the plaintiff claimed Fifth Amendment protection against during a deposition.
George Khoury, Esq. July 28, 2017 The Third Circuit reversed the district court's dismissal of a whistleblower case against a make-up company because the claims were more than just "skin deep."Perhaps the most fascinating aspect of this case is the court's acceptance that a lawyer's...
William Vogeler, Esq. July 28, 2017 As T-Mobile fought cell plan wars on television, the company quietly waged another battle with its employees. The National Labor Relations Board had sided with the workers, saying the cellular company was trying to keep them from unionizing. The...
William Vogeler, Esq. July 28, 2017 The Trump Administration fired two shots across the bow of the LGBT community, aiming to set back Obama-era rulings that protected soldiers and workers. The same day Trump announced that the U.S. military would not allow transgender people in...
William Vogeler, Esq. July 26, 2017 Marvin Mitchelson, the famed Hollywood divorce lawyer, had an office that stood out. From his office-length window across from the Los Angeles Country Club, he could see the hustle headed toward Rodeo Drive. He adorned his space with antique...
George Khoury, Esq. July 25, 2017 You don't even need to spend a minute in virtual reality to know that the future is here. And with all the new technology, as always, there are new challenges. RFID implants, while not so new anymore, have still not...
George Khoury, Esq. July 25, 2017 Lawyers, take a moment to be proud of your profession. For the past several years, law firms have ranked highest on the Human Rights Campaign's "Corporate Equality Index." This year's report shows that law firms are, again, ahead of...
William Vogeler, Esq. July 24, 2017 When in Rome, do as the Romans. But what to wear if you're the emperor? No, you don't put on a toga and laurels. That might work at a frat party in 1978, but we're talking about dressing for...
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