The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
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 November 9, 2021, in United Food and Commercial Workers Union, Canada Local 333 v. Paragon Protection Ltd. (Paragon), Arbitrator Von Veh in Ontario dismissed a union’s policy grievance and upheld a mandatory COVID-19...more
Concluding that a highly publicized lawsuit challenging Houston Methodist Hospital’s mandatory vaccination policy failed to state viable legal claims and misrepresented certain facts, federal Judge Lynn Hughes dismissed the...more
A California court just struck a second blow to the lawsuit brought by the wife of a California construction worker who alleged that her husband contracted COVID-19 from his workplace and then spread it to her. We previously...more
One year into the COVID-19 pandemic, U.S. courts are wrestling with a growing number of new legal theories related to COVID-19. Not surprisingly, California – the most populous state with some of the most employee friendly...more
On a random Thursday last January in a nondescript state courthouse in north Texas, a union representing a group of airline pilots filed a workplace lawsuit seeking to halt flights to China. Their concern centered around an...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
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
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 20th edition of Unprecedented, our weekly update on COVID-19-related litigation, finds both plaintiffs and defendants with reasons to celebrate. Insurance carriers avoided consolidation of coverage disputes in...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
“Claims of sexual harassment typically involve the behavior of fellow employees. But not always,” said a federal appeals court in Gardner v. CLC of Pascagoula, LLC. The case shows employers must take employee complaints of...more
“Claims of sexual harassment typically involve the behavior of fellow employees. But not always.” So begins a recent opinion from the 5th Circuit Court of Appeals that illustrates the dangers of failing to take an employee’s...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