News & Analysis as of

Dismissal With Prejudice Employment Litigation

Carlton Fields

Florida Appeals Court Decisions Week of January 27 - 31, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Guevara v. Lafise - FLSA - Turner v. US Att’y Gen - immigration, derivative citizenship - USA v. Webster - statute of limitations, tolling by filing information - Insurance...more

Epstein Becker & Green

California Supreme Court’s Estrada Decision Leaves Employers with a Wide Array of Tools to Attack PAGA Actions – Including Seeking...

Epstein Becker & Green on

On January 18, 2024, the California Supreme Court issued its much-anticipated decision in Estrada v. Royalty Carpet Mills, resolving a dispute among the appellate courts and concluding that Private Attorneys General Act...more

CDF Labor Law LLP

Cal. Supreme Court Provides Guidance on How to Limit Overbroad PAGA Claims

CDF Labor Law LLP on

On January 18, 2024, the California Supreme Court issued its opinion in Estrada v. Royalty Carpet Mills, Inc., concluding that trial courts do not have inherent authority to strike a PAGA claim on the grounds that it is...more

Littler

California Supreme Court Rules that Trial Courts Lack Inherent Authority to Strike PAGA Claims on Manageability Grounds

Littler on

On January 18, 2024, the California Supreme Court held that trial courts lack inherent authority to strike (dismiss with prejudice) claims under the Private Attorneys General Act of 2004 (PAGA) on manageability grounds. The...more

Genova Burns LLC

NJ District Court Awards Rule 11 Sanctions in Favor of Employer for Frivolous Suit

Genova Burns LLC on

On March 31, 2023, the United States District Court for the District of New Jersey, in the matter of Desire v. Dreamwear Inc., imposed Rule 11 sanctions in favor of an employer based on the filing of a frivolous Second...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Pennsylvania Federal Judge Tosses Challenge to Employer Jab or Swab Mandate

​​​​​​​On August 26, 2022, Chief U.S. District Judge Matthew Brann for the United States District Court for the Middle District of Pennsylvania dismissed a putative class action representing approximately 100 healthcare...more

Haight Brown & Bonesteel LLP

PAGA Strikes Again: The Statute of Limitations Does Not Apply to Representative Plaintiff

In Johnson v. Maxim Healthcare Services, Inc. (“Johnson”), the California Court of Appeal, Fourth District, Division One (San Diego) held that an employee, whose individual claim is time-barred, may still pursue a...more

TNG Consulting

Vocal Coach’s Concerns of Disparate Treatment Insufficient to Undo her Dismissal

TNG Consulting on

Warmington v. Board of Regents of the Univ. of Minnesota U.S. Dist. Ct., D. Minn. (April 21, 2020) - PROCEDURAL HISTORY:  Warmington, a highly accomplished and nationally recognized track and field coach, resigned in...more

Proskauer - Law and the Workplace

U.S. Fifth Circuit Clarifies Position: Later-Verified Charge Can Relate Back To Filing Date

On April 3, 2020, a three-judge panel of the U.S. Fifth Circuit in EEOC v. Vantage Energy Services, Inc., No. 19-20541, clarified its interpretation of the relate-back doctrine for administrative charges. The Fifth Circuit...more

Hogan Lovells

Settling Individual California Labor Disputes May Eliminate PAGA Claims

Hogan Lovells on

On December 29, California’s Second Appellate District held that employees who settle and dismiss their individual wage claims may not assert claims under the state’s Private Attorneys General Act (“PAGA”) on behalf of other...more

10 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide