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Employer Liability Issues Jury Trial

Littler

Remand Rules: Oregon Supreme Court Clarifies What You Can Appeal

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On June 24, 2025, the Oregon Supreme Court held in Crosbie v. Asante that a trial court order of the scope of issues to be retried after reversal and remand cannot be immediately appealed....more

Holland & Knight LLP

Podcast - How Do You Define Success?

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In this episode of "The Trial Lawyer’s Handbook," litigation attorney Dan Small reflects on the question of what it truly means to "win" in the courtroom, sharing insights from his experience prosecuting the Farmers Export...more

Fisher Phillips

Agency Judges’ Power at Risk Again: Family Farm Fights Back After DOL Demands $500K for Alleged H-2A Program Violations

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A federal appeals court will soon decide whether the Department of Labor (DOL) may impose financial penalties on employers for alleged violations of the H-2A temporary visa program. While a lower court rejected a family-owned...more

Proskauer Rose LLP

Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk

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Last month, in Jane Doe v. Alkiviades David, a Los Angeles Superior Court jury returned a verdict in a sexual assault and harassment case in the amount of $900 million. This verdict is one of the largest ever for a...more

Seyfarth Shaw LLP

Standard Contract Waiver Analysis Applies to Arbitration Agreements

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Seyfarth Synopsis: The California Supreme Court reaffirmed that arbitration agreements are on equal footing with other types of contracts. Therefore, a court should apply the same principles that apply to other contracts...more

Fisher Phillips

SCOTUS Decision Will Weaken Labor Board’s Attempts to Impose Financial Penalties on Employers But Spares NLRB From Catastrophic...

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Perhaps lost in the shuffle of a string of blockbuster Supreme Court decisions was a June 27 ruling that will undermine the National Labor Relations Board’s attempts to impose financial penalties on employers – though it...more

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

U.S. Virgin Islands Supreme Court Affirms Compensatory Damages Award to Former Employee Claiming Age Discrimination

On December 5, 2022, the Supreme Court of the Virgin Islands upheld a 2019 jury verdict, which found that Caribbean airline LIAT (1974), Ltd., had discharged its former area manager, William Cherubin, because of his age in...more

Proskauer - California Employment Law

L.A. Jury Delivers Mother of All Verdicts – $464 Million to Two Employees!

As we have previously reported, jury verdicts in employment cases have continued to skyrocket in recent months, and there is no sign they are leveling off. Late last week, a Los Angeles Superior Court jury awarded a total of...more

Proskauer - Law and the Workplace

Jury Awards $450,000 For Employer’s Termination of Employee After Receiving Notice About Anxiety Disorder

On March 31, 2022, a Kentucky jury unanimously awarded $450,000 to an employee, who was terminated following two panic attacks the employee suffered at work. The jury concluded the employee’s anxiety disorder was a disability...more

FordHarrison

Time to “Waive” Goodbye to Mandatory Arbitration Agreements? The Case for Utilization of Jury Trial Waivers in Florida

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Executive Summary - In the early 1990s, roughly two percent of American workers were subject to mandatory arbitration agreements with their employers. By 2018, that number was closer to sixty percent. But while predispute...more

FordHarrison

Jury Trial Waivers May be an Option for Employers in the Wake of the Ending Arbitration of Sexual Assault and Sexual Harassment...

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On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”), amending the Federal Arbitration Act (FAA) to expressly prohibit mandatory...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Makes Clear that PAGA Plaintiffs are not Entitled to a Jury Trial and Provides Helpful Guidance on...

On February 18, 2022, the California Court of Appeal issued its decision in Jill LaFace v. Ralphs Grocery Company, __ Cal. App. 5th __ (2022), that provides important guidance in two areas. First, the Court made clear that...more

Akin Gump Strauss Hauer & Feld LLP

"Surprised” Court of Appeal Rules That PAGA Plaintiffs Have No Right to a Jury

On February 18, 2022, in LaFace v. Ralphs Grocery Co., 2022 WL 498847 (Cal. Ct. App. Feb. 18, 2022), the California Court of Appeal (2nd District) ruled in a published decision that there is no right to a jury trial in claims...more

Parker Poe Adams & Bernstein LLP

Paying Workers' Compensation Benefits Does Not Absolve Employer of FMLA Obligations

Many employers that attempt to manage workers’ compensation claims and expenses offer temporary light duty work to employees whose injuries prevent them from performing their regular job functions. The Department of Labor has...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights, Issue 34 December 2020

In addition to the familiar lawsuits that we have been seeing since the pandemic started this spring, there have been new developments with the Pennsylvania Legislature, the Supreme Court of the United States, a major sports...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Insights - Issue 31, November 2020

This 31st edition of Unprecedented, our weekly update on COVID-19-related litigation, follows upon two significant developments: the prospect of a Biden administration and the crossing of the 10-million-case threshold. Why...more

Fox Rothschild LLP

Reassessing The Pros And Cons Of Workplace Arbitration-UPDATED August 2020

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As someone who represents employers, I’ve long been a proponent of arbitration as a way to limit exposure to employment claims. I have colleagues who disagree and I recognize that it’s a complicated issue. So starting about...more

Proskauer - California Employment Law

Safety Concerns Regarding COVID-19 Infection Could Lead to More Plaintiff-Friendly Juries

Employers may face juries that seek to hold them responsible if an employee contracts COVID-19, the trial consulting firm Dispute Dynamics suggests in its latest study. Dispute Dynamics surveyed 321 individuals, inquiring...more

Proskauer - Law and the Workplace

SJC Finds Commissions Lost Due to Retaliation Are Subject to Trebling

In a February 12, 2020 decision, Parker v. EnerNOC, Inc., SJC-12703, the Massachusetts Supreme Judicial Court held that the full commission which would have been due to an employee had she not been retaliated against and...more

Payne & Fears

Key California Employment Law Cases: January 2020

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Ridgeway v. Wal-Mart, Inc., 946 F.3d 1066 (9th Cir. 2020) - The employer must pay minimum wages to employees for time spent on mandated layovers where the employer’s policy imposes constraints on employees’ movements...more

Parker Poe Adams & Bernstein LLP

Employee Has Right to FMLA Leave Even if Medical Condition is Undiagnosed as of Date of Request

Qualified employees may take job-protected leave under the Family and Medical Leave Act based on their Serious Health Condition (SHC). A new decision from the Seventh Circuit Court of Appeals makes clear that the employee...more

Butler Snow LLP

#MeToo sexual harassment claims against court clerk go to jury trial

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Like Title VII of the Civil Rights Act of 1964, the Tennessee Human Rights Act (THRA) forbids sexual harassment as a form of sex discrimination. To be actionable, the harassment must be so severe or pervasive that it creates...more

Bradley Arant Boult Cummings LLP

Stick to Your Story: Employer’s Shifting Termination Justifications Can Cause Employer to Have to Explain Its Discharge Decision...

If you want to avoid potential liability from a former employee, remember a key maxim: Stick to your story about why you made the employment decision. If an employer shifts rationales for its decision or tries to pile on by...more

Payne & Fears

Key California Employment Law Cases: May 2019

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This month's key California employment law cases involve the Dynamex case and the effect of prior administrative hearing on a civil lawsuit....more

Butler Snow LLP

TN Appeals Court Reinstates Hostile Work Environment and Whistleblower Claims

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An individual may file a claim under Tennessee’s “whistleblower statute”—the Tennessee Public Protection Act (TPPA)—if she was fired solely for reporting or refusing to participate in illegal activity. Similar to federal law,...more

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