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Retaliation Motion to Dismiss Employment Litigation

Littler

Puerto Rico Supreme Court: State Courts Lack Jurisdiction Over Labor Cases Governed by the NLRA

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The Supreme Court of Puerto Rico recently issued an important decision limiting the role of Puerto Rico’s courts in labor complaints that involve conduct governed by the National Labor Relations Act (NLRA). In Rodríguez...more

Proskauer - Whistleblower Defense

Washington Federal Court Refuses to Dismiss SOX Whistleblower Claim Despite Plaintiff Working Abroad

On March 25, 2025, in Smith v. Coupang,[1] the United States District Court for the Western District of Washington denied Coupang, Inc.’s motion to dismiss its former employee’s SOX and state law whistleblower claims despite...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

Jackson Lewis P.C.

Puerto Rico High Court Confirms Employers Need to Check NLRA Preemption of Local Employment Law Claims

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The Puerto Rico Supreme Court has reaffirmed that Puerto Rico courts lack subject-matter jurisdiction over employment claims that arguably involve unfair labor practices covered by the National Labor Relations Act (NLRA). ...more

Seward & Kissel LLP

Employment Litigation Roundup: April 2025

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Second Circuit holds employees get disability accommodations even if not necessary to perform their job - In Tudor v. Whitehall Central School District, the Second Circuit Court of Appeals vacated a lower court’s grant of...more

Proskauer - Whistleblower Defense

District of NJ: Federal Courts Lack Jurisdiction to Enforce Preliminary Reinstatement Orders Under SOX

On April 19, 2023, the U.S. District Court for the District of New Jersey granted the defendant-employer’s motion to dismiss a complaint seeking court enforcement of a preliminary reinstatement order after determining that...more

Lewitt Hackman

Franchisor 101: Salon Franchisor Weaved into Joint Employment Claims

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A Michigan federal district court denied a franchisor’s motion to dismiss claims under Title VII of the Civil Rights Act of 1964 and Michigan law, and claims alleging retaliatory termination and sexually hostile work...more

Littler

Opening Pandora’s Box: Oregon Court of Appeals Holds That “Any Person” Can Be Held Liable Under Oregon’s Aiding and Abetting...

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On June 23, 2021, in Charlton v. Ed Staub and Sons Petroleum, Inc. and Quicksilver Contracting Company, the Oregon Court of Appeals reversed the dismissal of the plaintiff’s “aiding and abetting” discrimination and...more

Genova Burns LLC

The Devil is in the Details: NJ District Court Demands Details of Sexual Harassment to Defeat Motion to Dismiss

Genova Burns LLC on

On April 12, 2021, the New Jersey District Court for the District of New Jersey in Spence v. New Jersey, et al., granted in part and denied in part a motion to dismiss an employee’s sexual harassment and retaliation claims...more

Epstein Becker & Green

Alston v. Spiegel: A Reminder That Sanctions May Provide Employers with a Tool to Deter Frivolous Suits

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The Federal Rules of Civil Procedure are intended to promote the “just, speedy, and inexpensive determination” of lawsuits. For companies defending baseless employment claims, those words may feel like an empty promise. The...more

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

Texas Discrimination Laws Protect Intention to Become Pregnant, State Court Rules

The Texas Commission on Human Rights Act (TCHRA) prohibits discrimination in employment based on sex. The state law defines “sex discrimination” to include “discrimination because of or on the basis of pregnancy, childbirth,...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Says Employee Cannot Claim Retaliation if Actions Interfered With Job Performance

Federal civil rights laws prevent retaliation against employees who oppose discriminatory conduct in the workplace. What happens, however, when the employee’s oppositional conduct interferes with the performance of her job...more

Genova Burns LLC

Whistleblower Claim a No-Go for Employee who Voluntarily Resigned

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The New Jersey Appellate Division in Portilla v. Maxim Healthcare Services, Inc., recently upheld the dismissal of a constructive discharge lawsuit by a registered nurse, lawyer, and self-described “paradigmatic...more

Genova Burns LLC

New Jersey Federal Court Forces a Software Company to Confront the Question at Trial: Did Your Employee Quit or Was He Fired?

Genova Burns LLC on

On May 23, 2019, the New Jersey District Court in Kunal Shah v. Meditab Software, Inc. refused to dismiss the retaliation claim of a software company’s former Chief Executive Officer, even though he notified the company of...more

Seyfarth Shaw LLP

VII Before IX: Continuing Saga in Harassment Claim Preemption

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Seyfarth Synopsis: A recent decision by the U.S. District Court for the Eastern District of Texas, part of the Fifth Circuit Court of Appeals, reaffirmed a growing circuit split regarding whether Title VII of the Civil Rights...more

Seyfarth Shaw LLP

Texts From Your Ex? Not So Fast- Make Sure To Preserve Your Evidence

Seyfarth Shaw LLP on

Seyfarth Synopsis: A case out of the District of Oregon recently dismissed a Plaintiff’s sexual harassment and retaliation claims where the allegations relied on manufactured text messages that Plaintiff failed to produce. ...more

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