Searching Content indexed under Trials & Appeals & Compensation by Ogletree, Deakins, Nash, Smoak & Stewart ordered by Published Date Descending.
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Texas' Anti-SLAPP Regime Does Not Apply In Federal Diversity Cases, Says The Fifth Circuit
A recent decision from the Fifth Circuit Court of Appeals in Klocke v. Watson, No. 17-11320 (August 23, 2019), appears to have answered a perennial
United States
11 Sep 2019
The Beginning Of The End For 401(k) Class Actions? Ninth Circuit Enforces Individual Arbitration
In Dorman v. Charles Schwab Corp., No. 18-15281 (August 20, 2019), the Ninth Circuit Court of Appeals recently held that a 401(k) plan participant was required to individually arbitrate his claims regarding the plan's fees...
United States
2 Sep 2019
First Circuit Rules Inconsistent SSDI Statements Doom ADA Claim
I n Pena v. Honeywell International, Inc., issued on July 22, 2019, the U.S. Court of Appeals for the First Circuit denied a former employee's petition for rehearing en banc of the court's April 26, 2019, decision addressing ...
United States
29 Aug 2019
Final Overtime Rule Advances (Beltway Buzz, August 16, 2019)
inal Overtime Rule Advances. The U.S. Department of Labor's Wage and Hour Division's proposal to increase the salary threshold regarding overtime pay to slightly more than $35,000 per year
United States
20 Aug 2019
Fifth Circuit Rules That Courts, Not Arbitrators, Decide "Gateway Issue" Of Class Arbitrability
In 20/20 Communications, Inc. v. Crawford, the U.S. Court of Appeals for the Fifth Circuit recently ruled that the question of whether a dispute can be arbitrated
United States
15 Aug 2019
Indiana Court Of Appeals Decision Signals Change In State's Restrictive Covenant Law
on April 15, 2019, the Indiana Court of Appeals issued a ruling that significantly developed restrictive covenant law in two areas: whether
United States
15 Aug 2019
ADA Litigation Lessons Surfaced From A Zamboni Machine
Making the best choice for the business sometimes means discharging a problem employee, even if there is no real paper trail presenting the history of the problems.
United States
8 Aug 2019
NLRB Explains When Granting Benefits To Nonunion Employees And Withholding The Same From Union Workers Can Be Lawful
In the spring of 2015, Merck learned that its profits vastly exceeded expectations.
United States
19 Jul 2019
Eighth Circuit Holds Independent Agreements For Attorneys' Fees In FLSA Settlements Are Not Subject To Judicial Review
Last month, in Barbee v. Big River Steel, LLC, No. 18-2255 (June 20, 2019), the United States Court of Appeals for the Eighth Circuit held that an independent agreement for attorneys' fees in connection with ...
United States
17 Jul 2019
State-Law Ramifications Of The Supreme Court's Decision In Fort Bend County, Texas v. Davis: Massachusetts And Rhode Island As Case Studies
In Fort Bend County, Texas v. Davis, the Supreme Court of the United States held that the requirement in Title VII of the Civil Rights Act that an employee file a charge of discrimination with the Equal Employment Opportunity Commission ...
United States
15 Jul 2019
Separating The Good From The Bad: UK Supreme Court Clarifies "Blue Pencil" Test In Restraint Of Trade Cases
On July 3, 2019, in a long-awaited judgment the Supreme Court of the United Kingdom clarified the correct approach to deciding whether words can be severed from a post-employment covenant to leave an employee bound by...
11 Jul 2019
Supreme Court Keeps Auer, But Dilutes Its Power
On June 26, 2019, in Kisor v. Wilkie, the Supreme Court of the United States declined to overrule its prior decisions in Auer v. Robbins
United States
5 Jul 2019
Supreme Court To Review ERISA Statute Of Limitations Case
According to the court, actual knowledge is required to start the limitations period.
United States
27 Jun 2019
Offshore Oil Rig Workers' Overtime Claims Governed By FLSA, Not California Law
On June 10, 2019, the Supreme Court of the United States unanimously ruled that state wage and hour laws do not apply to offshore drilling workers where federal law addresses the relevant issue.
United States
21 Jun 2019
The Battle Lines Of Mental Health Parity Litigation: Utah District Court Grants Motion To Dismiss, Finds Conclusory Allegations Insufficient
On June 5, 2019, in the matter Kerry W. v. Anthem Blue Cross and Shield, No. 2:19cv67, Judge Dee Benson of the U.S. District Court for the District of Utah ...
United States
19 Jun 2019
Supreme Court Rules Title VII's Requirement To File A Charge With The EEOC Is Not Jurisdictional
On June 3, 2019, the Supreme Court of the United States ruled that the precondition in Title VII of the Civil Rights Act of 1964 requiring employees to file a charge with the EEOC before commencing an action ...
United States
5 Jun 2019
Supreme Court Places Another Limitation On Chevron Deference
The Social Security Administration's (SSA) final decisionmaker, the Appeals Council, dismissed the petitioner's appeal on timeliness grounds.
United States
4 Jun 2019
Termination Of TPS Halted For Honduras And Nepal
The Department of Homeland Security (DHS) has agreed to stay the termination of temporary protected status (TPS) for Honduras and Nepal pending the outcome of Ramos v. Nielsen.
United States
27 May 2019
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