Category Archives: Litigation

Don’t Shoot the Messenger: Board Members May Be Held Individually Liable for Silencing In-House Counsel’s Complaints of Corruption

The U.S. District Court for the Northern District of California recently determined, in a matter of first impression, that members of a company’s board of directors may be held individually liable under the anti-retaliation provisions of the Sarbanes-Oxley Act (“SOX”) and … Continue reading

Posted in California, Employee Policies & Procedures, Foreign Corrupt Practices Act, Litigation, Retaliation, Whistleblower, Wrongful Termination | Leave a comment

Online Background Check Disclosure Form Did Not Violate the FCRA

Companies utilizing online applications recently received a favorable ruling regarding the use of online background check disclosure forms. In Goldberg v. Uber Technologies, Inc., et al., the pro se plaintiff challenged the online background check disclosure form used by Raiser, … Continue reading

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Fifth Circuit Finds That PIPs Alone Do Not Support Constructive Discharge Claims

On October 20, 2014, the U.S. Court of Appeals for the Fifth Circuit found that performance improvement plans (“PIPs”) do not constitute an intolerable working condition sufficient to support a constructive discharge claim.

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Iowa Court Charges the EEOC $4.2 Million in Attorney’s Fees for Raising “Frivolous” Class Action

In a recent decision, the U.S. District Court for the District of Iowa showed employment lawyers that government agencies will be held equally accountable for failures of due diligence by requiring the EEOC to pay $4,189,296.10 in attorneys’ fees for … Continue reading

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No Attorneys’ Fees Recoverable In Mixed-Motive Retaliation Cases

In Carter v. Luminant Power Serv. Co., No. 12-10642 (5th Cir., April 3, 2013), the Fifth Circuit found that  attorneys’ fees are not recoverable for a prevailing plaintiff in a Title VII mixed-motive retaliation case.  More after the break.

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Destruction of Evidence by ADA and FMLA Plaintiff Results in Dismissal of Lawsuit

In a flagrant case of destruction of evidence, the U.S. District Court for the Eastern District of Virginia took the extreme step of dismissing a discrimination plaintiff’s lawsuit in the case of Taylor v. The Mitre Coroporation, Civil Action No. … Continue reading

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Eastern District Allows Post-Settlement Claims To Proceed

In Car Pool, LLC v. Hoke (3:12-cv-511), the U.S. District Court for the Eastern District of Virginia allowed claims for breach of a settlement agreement between an employer and employee to proceed to discovery.  The Court also allowed the employee’s … Continue reading

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Virginia Fares Well In U.S. Chamber Survey Of State Tort Liability Systems. California, Not So Much.

The U.S. Chamber Institute for Legal Reform has released the results of its annual survey of state tort liability systems.  The report itself can be found here.  More after the break.

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Worst Continuance Excuse Ever

You have to read the Order to see it.

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No Costs Awarded For Processing, Storing and Procuring ESI

After prevailing at summary judgment in an employment discrimination suit, defendant Verizon South, Inc. sought an award of its costs for $7,564.40.  This amount included costs for the service of subpoenas by a private process server, the transcripts of eight … Continue reading

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Oral Argument Held In Wal-Mart v. Dukes

The U.S. Supreme Court heard oral argument today in the Wal-Mart Stores v. Dukes lawsuit.  The case presents significant issues on federal class actions and, even though resolution of the dispute may ultimately cost Wal-Mart millions if not billions of … Continue reading

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California Court Holds That Emails Sent On Employer’s Computer Not Confidential

In a recent decision, the California Court of Appeal held that emails sent by an employee to her attorney on her employer’s computer regarding possible legal action against her employer were admissible as the emails did not constitute confidential attorney-client … Continue reading

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Interesting Pair Of Posts On The Intersection Of Facebook And Employment Litigation

Eric Meyer (The Employment Handbook) has a couple of interesting posts on the intersection of Facebook and employment litigation.  You can find his articles/posts here (defense side) and here (employee side).

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Be Warned: Sanctions May Result For Pursuing Frivolous Lawsuits!

A pair of recent decisions suggests that frivolous employment lawsuits are being met with increased scrutiny by the courts.  Both cases resulted in attorneys’ fee awarded to the prevailing defendant.  More after the break.

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2010 Fulbright Litigation Trends Survey Shows Increase In Employment Litigation

The 2010 Fulbright & Jaworski L.L.P. Litigation Trends Survey has come out.  Employment litigation is on the rise.  More after the break.

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