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Employer Liability Issues Litigation Strategies

Proskauer - California Employment Law

Decertification Of Class Action Upheld

Allison v. Dignity Health, 112 Cal. App. 5th 192 (2025) - Two former registered nurses filed a putative class action against their former employer, alleging various wage and hour claims...more

Fox Rothschild LLP

Washington State Sees Surge in Wage-and-Hour Class Actions

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Washington employers are experiencing a significant rise in wage-and-hour class action lawsuits, a trend that has accelerated with the recent entry of several California-based law firms into the state. These firms,...more

Bradley Arant Boult Cummings LLP

Mediation: Give It a Try – You Might Like It!

Maybe you are one of the lucky employers who has not been sued in court or received a charge filed with a federal or state agency enforcing employment laws, like the Equal Employment Opportunity Commission (EEOC) or the...more

Clark Hill PLC

10 Compelling Reasons for Employment Arbitration: Preventing Class and Collective Actions

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This fifth installment of our series on employment arbitration delves into how an arbitration program can effectively eliminate multi-plaintiff, class, and collective actions brought by employees. The impact of eliminating...more

Hanson Bridgett

The Texas Supreme Court Detours the Trucking Industry Around a Historic Nuclear Verdict

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On an icy winter day more than ten years ago, the driver of an F-350 pickup truck, traveling eastbound on Interstate 20, crossed a 42-foot grassy median, entered in westbound traffic, and collided with a Werner Enterprises...more

Cozen O'Connor

Texas Supreme Court Narrows Employer Liability and Explains Standard for Proximate Cause

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In a significant decision issued on June 27, 2025, the Supreme Court of Texas reversed a jury verdict awarding over $89 million in damages in favor of the plaintiffs in Werner Enterprises, Inc. v. Blake, holding that the...more

Husch Blackwell LLP

Federal Judge Certifies Interlocutory Appeal on Retroactivity of BIPA Amendments

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On June 10, 2025, Judge Georgia N. Alexakis of the U.S. District Court for the Northern District of Illinois issued an order allowing the defendant in an Illinois Biometric Information Privacy Act (BIPA) action to immediately...more

Clark Hill PLC

10 Compelling Reasons for Employment Arbitration: Tackling Litigation Imbalance

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This third installment of the 10 Compelling Reasons for Employment Arbitration explores the impact of an arbitration agreement on a plaintiff’s litigation strategy. As discussed herein, arbitration programs can tamp down a...more

Seyfarth Shaw LLP

Pay Equity Studies in Focus: Navigating Privilege and Public Disclosure Risks

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A recent decision from the U.S. District Court in Kansas—Spears v. Thermo Fisher Scientific—ruled that a pay equity analysis conducted primarily for business purposes was not protected by attorney-client privilege or the work...more

Seyfarth Shaw LLP

Warning from the Lighthouse: Washington Supreme Court Elevates Informal Wage Directives

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In the ever-evolving landscape of employment law, Washington employers find themselves at the crossroads of compliance and litigation, especially when it comes to handling wage complaints. The recent Washington State Supreme...more

Clark Hill PLC

10 Compelling Reasons for Employment Arbitration: Part 2

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Managing litigation risk should be a priority for all employers. Mandatory employment arbitration programs create a framework of dispute resolution that helps give employers a measure of control and predictability over their...more

Goldberg Segalla

Fraud Doesn’t Pay in New York – May 2025 Update

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As a part of our quarterly practice group update, we are pleased to produce our latest installation with examples of our continued success in fraud litigation. This is our fourth year of this publication, and in February...more

Seyfarth Shaw LLP

PAGA Paraphrased – Osuna v. Spectrum Security Services, Inc.

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The Second District Court of Appeal held that, under the pre-reform PAGA statute, an individual employee need not have been employed or experienced a Labor Code violation during the one-year PAGA limitations period to have...more

Ervin Cohen & Jessup LLP

California Court Narrows “Death Knell” Appeal Rule: Key Takeaways for Employers

In Chavez v. Hi-Grade Materials Co., the California Court of Appeal issued a ruling that significantly impacts how and when employees can appeal orders denying class certification, especially in cases involving both class...more

Maynard Nexsen

Alabama Supreme Court Alert | Appellate Update for May 23, 2025

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Decisions from May 23, 2025 - The Alabama Supreme Court issued its weekly release list on Friday, May 23. The opinions of interest to the Alabama business community include the following...more

Seyfarth Shaw LLP

PAGA Paraphrased – Rose v. Hobby Lobby Stores, Inc.

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The First District held that a prevailing defendant in a PAGA action may not recover litigation costs from the California Labor Workforce Development Agency when the LWDA did not participate in the litigation....more

Cranfill Sumner LLP

Supreme Court Cert Denials: Beyond the Headlines

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While legal analysts focus on landmark Supreme Court decisions each term, equally significant are the cases the Court declines to hear. These certiorari denials often reveal critical jurisprudential trends that shape...more

ArentFox Schiff

Reyes v. Hi-Grade Materials Co. – Continuing the Trend to Limit PAGA Gamesmanship

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The California Fourth District Court of Appeal’s decision in Reyes v. Hi-Grade Materials Co. continues the trend toward limiting plaintiffs’ abuse and improper weaponization of the California Private Attorneys General Act...more

Cooley LLP

Two Judgments on Forum Challenges

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Two notable English court judgments on jurisdiction have been handed down in the last few months – the first being the Court of Appeal’s decision in Limbu & Others v. Dyson Technology Ltd & Others [1], and the second the High...more

Marshall Dennehey

Defense Victory: Summary Judgment Granted for Corporate Nursing Home Defendants in Medical Negligence Case

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Leslie M. Jenny and Gabriella M. Wittbrod, both of our Cleveland, OH office, were granted summary judgment on behalf of their corporate nursing home clients in this medical negligence case. Judge Phillip S. Naumoff of the...more

Kohrman Jackson & Krantz LLP

Ohio Ruling Highlights Timing Importance for Naming Defendants in Injury Claims

An recent Ohio appellate court decision reinforces a critical point for plaintiffs and a crucial defense strategy for defendants: if you don’t properly and timely name individual employees/agents in a lawsuit, you may lose...more

Ervin Cohen & Jessup LLP

Another Day, Another Dispute Between Appellate Courts Over Employment Arbitrations

The case of Parra Rodriguez v. Packers Sanitation Services LTD., LLC typifies the reason employers and employment counsel must stay on top of arbitration case developments....more

Frantz Ward LLP

Understanding Workers’ Compensation Litigation in Ohio: What State Fund Employers Need to Know

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For some state fund employers in Ohio, receiving a court complaint as a defendant in workers’ compensation litigation can be unexpected. Employers experiencing this for the first time are often surprised that an employee can...more

Bradley Arant Boult Cummings LLP

How to Protect Your ESOP from Lawsuits Over Cash Holdings

At least four lawsuits have recently been filed against employee stock ownership plan (ESOP) fiduciaries alleging a failure to prudently invest cash held in the ESOP trust. While scrutiny of investments in company stock has...more

Gray Reed

Using Evidence to Fill Gaps in Pleadings Silent on Important Coverage Facts

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A decision out of the United States District Court for the Southern District of Texas showcases the practical challenge in the relationship between workers’ compensation and the pleading standards required to trigger...more

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