Tag Archives: Litigation

4th Circuit Decides Case On Exhaustion Of Administrative Remedies

On January 5, 2009, the U.S. Court of  Appeals for the Fourth Circuit issued a published opinion in the matter of Jones vs. Calvert Group, Limited.  The case considered several issues involving the exhaustion of administrative remedies in a Title … Continue reading

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No Good Deed Goes Unpunished

In a case that could be summarized as “No Good Deed Goes Unpunished,” the Fourth Circuit issued an opinion in the case of Howard vs. Inova Healthcare Services, dated December 5, 2008.  A copy of the opinion is here.  More … Continue reading

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Attorney’s Fee Decision Points out Cost of Litigating Employment Cases

In a published decision by the U.S. Court of Appeals for the Fourth Circuit, dated December 3, 2008, the court analyzed a fee award to the attorney for a former employee of the defendant.  The opinion in Grissom vs. The … Continue reading

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Things Not To Say In An Email

UPDATED 12/4/2008 CIO.com has an entertaining article entitled “10 Things You Should Never Write in An Email or Instant Message.”  The list was complied by a company that writes e-discovery software.  The Connecticut Employment Law Blog has a employment law post here … Continue reading

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Decisions Reveal Priorities In Law Firm Economics

We have been discussing law firm economics and employment litigation in a recent series of posts – here is the most recent.  One theme we have been emphasizing is that law firms are businesses too, and businesses make decisions about pricing … Continue reading

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More On Law Firm Economics As It Relates To Employment Law

In a recent post, I commented on the economy and law firm economics.  An article on Law.com today discusses some of the same pros and cons of hiring super-sized institutional law firms — Why Law Departments Should Beware Super-Sized Firms.  The author, … Continue reading

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Economy Impacts Law Firm Economics — Are There Other Alternatives?

The Washington Post reported yesterday here that law firms are tightening their belts as clients increasingly demand reductions in legal fees.  As the economy shifts, even old line firms with substantial revenues have failed.  But as we have noted elsewhere, … Continue reading

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Study Suggests Plaintiffs Do Better By Settling Than Going To Trial

The New York Time reports that a soon-to-be-released study suggests that plaintiffs who settle cases before trial are better off than those that choose to go to trial.  The story is here.  The Ohio Employment Lawyer’s Blog has a post … Continue reading

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Employers Attempt To Limit Time To File Claims In Applications

A story in the ABA Journal news section recently briefly discusses employers attempting to limit the time to file claims in their job applications.  There is also a story on Law.com on the same topic.  Why is there a renewed … Continue reading

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NY Law Firm Files Pre-Emptive Suit Against Rape Claimant

Law.com reports today that a New York law firm has filed a pre-emptive lawsuit against a woman who is making rape allegations against her former boss, a firm partner.  The story is here.  This story follows several recent posts on this … Continue reading

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Worst Places To Be Sued?

Forbes.com has an article on the worst places to be sued.  Overlawyered.com has a post with links to commentary on the article.

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Worst Places To Be Sued?

The American Tort Reform Association released its annual report on “Judicial Hellholes,” the worst places to be sued in the U.S.  Madison County, Illinois, was pleased to be removed from the list after it implemented judicial reforms. (Hat tip to the … Continue reading

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Who Wins More In Arbitration?

We questioned earlier whether arbitration of employment disputes would be coming to an end soon.  (What is the future of arbitration?)  Perhaps we announced the death-knell of employment arbitrations too soon.  Overlawyered reports here on the win rates in arbitration … Continue reading

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Failure To File Change Of Address With EEOC Did Not Excuse Time-Barred Filing

In KP v. Vienna Wolftrap Hotel, 1:07-cv-00625 (E.D.Va. 11/30/2007), the U.S. District Court for the Eastern District of Virginia (Cacheris, J.) granted defendant’s motion to dismiss plaintiff’s age discrimination claim based on the statute of limitations. 

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Federal Study Suggests That Employers Win Small Number of Employment Discrimination Claims On Summary Judgment

(h/t Workplace Prof Blog) An initial report by the Federal Judicial Center on summary judgment practice across the federal district courts suggests that between 9% – 14% of all employment discrimination cases are actually terminated on summary judgment (Table 12).  The report … Continue reading

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