The D.C. Circuit has revived claims that a mail carriers union violated the Labor-Management Reporting and Disclosure Act by refusing to publish an officer candidate's campaign ads in its magazine, ruling Tuesday that a Washington, D.C., federal judge prematurely dismissed the suit.
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DC Circ. Revives Campaign Ad Fight At Mail Carriers Union

By Emily Brill

The D.C. Circuit has revived claims that a mail carriers union violated the Labor-Management Reporting and Disclosure Act by refusing to publish an officer candidate's campaign ads in its magazine, ruling Tuesday that a Washington, D.C., federal judge prematurely dismissed the suit.

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Workplace Civil Rights Suit Gets Full Mich. High Court Hearing

By Danielle Ferguson

The Michigan Supreme Court has agreed to again consider whether employers can use contracts to limit the ability of aggrieved workers to sue, after hearing mini oral arguments last year, though two justices said they would not have advanced the case. 

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Apple Affiliate Says 'Biased Witnesses' Merit Verdict Reversal

By Hayley Fowler

An Apple-affiliated repair company is taking another shot at escaping claims of wage and hour violations in a multistate wage class action, asking a North Carolina federal judge for a directed verdict or new trial based on what the company characterized as insufficient evidence.

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Pa. Court Says Vaccine Refusal Valid Cause For Firing Nurse

By Y. Peter Kang

A Pennsylvania Superior Court panel on Tuesday tossed a suit accusing a hospital of wrongfully firing a nurse practitioner who refused to be vaccinated against COVID-19, saying the nurse can't invoke the state's medical malpractice statute in a wrongful termination suit.

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Kia, Hyundai Still Face RICO Claims In Foreign Labor Suit

By Rae Ann Varona

Hyundai and Kia are still confronted with claims that they were in on a scheme to obtain cheap labor from skilled Mexican engineers seeking participation in a professional visa program after a Georgia federal judge determined workers had adequately alleged the companies' involvement.

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Analysis

The NCAA Put Out One Fire, But The House Is Still Ablaze

By David Steele

Despite the enormous size of the settlement of a class action by hundreds of thousands of former college athletes over name, image and likeness compensation denied to them, experts say it only resolves one of the NCAA's many legal crises, while shining a light on the severity of the others.

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DISCRIMINATION

Boston Red Sox Settle Fired Worker's COVID Vax Bias Suit

By Grace Elletson

The Boston Red Sox settled a suit from a former worker who said she was fired after refusing the COVID-19 vaccine because it conflicted with her Roman Catholic beliefs, according to a filing Tuesday in Florida federal court.

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EEOC Gender Bias Suit Should Continue, Magistrate Judge Says

By Kelcey Caulder

A magistrate judge on Tuesday recommended the denial of four Georgia waste removal companies' motion to dismiss a suit brought against them by the U.S. Equal Employment Opportunity Commission for allegedly subjecting female truck driver applicants to sexist interview questions before filling the roles with less qualified men.

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WAGE & HOUR

O'Reilly Auto Parts Inks $4.1M COVID Screening Settlement

By Abby Wargo

O'Reilly Auto Enterprises has agreed to pay $4.1 million to settle a California wage and hour lawsuit alleging that the company should have paid workers for the time they spent undergoing COVID-19 screenings before shifts and for work performed during meal breaks, according to a court memo.

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Healthcare Tech Co. To Pay $1.5M To End Class Wage Claims

By Abby Wargo

A healthcare software consulting company agreed to a $1.5 million deal resolving claims it violated Washington state wage law by requiring its software training staff to work up to 80 hours and seven days a week, according to a motion to approve the deal filed in federal court.

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WRONGFUL TERMINATION

Mich. Judge Tosses Ex-Prosecutor's Suit Over Firing

By Danielle Ferguson

A Michigan federal judge has dismissed a lawsuit from a fired assistant prosecutor alleging he lost his job at the Macomb County Prosecutor's Office for speaking out about harassment and retaliation, after the county asked for sanctions because the plaintiff wasn't complying with discovery requirements and missed a deposition.

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PEOPLE

Littler Brings On Ogletree Pay Equity Leader In NYC

By Jake Maher

Employment and labor law giant Littler Mendelson PC announced Tuesday that it has grown its New York team with the addition of a pay transparency law expert and former pay equity practice group co-chair at Ogletree Deakins Nash Smoak & Stewart PC.

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EXPERT ANALYSIS

Lessons In High-Profile Jury Selection Amid NY Trump Trial

Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.

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How Attys Can Avoid Pitfalls When Withdrawing From A Case

The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

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LEGAL INDUSTRY

Podcast

Approach The Bench: Judge Humetewa Talks Tribal Relations

Before she joined the federal bench in Arizona, Judge Diane Humetewa worked as a jurist on a relatively young court, where she regularly set new legal precedent.

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American To Cut Attys Who Blamed Child Filmed In Bathroom

By Lynn LaRowe

Wilson Elser Moskowitz Edelman & Dicker LLP attorneys are on the brink of being removed as counsel for American Airlines in a Texas state lawsuit over an ex-flight attendant's secret bathroom recording of a 9-year-old girl.

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GE General Counsel Mike Holston Heading To Paul Weiss

By Sue Reisinger

The general counsel who navigated General Electric Co. through its recent split into three companies is becoming a partner at Paul Weiss Rifkind Wharton & Garrison LLP on Oct. 1, where he looks forward to taking on corporate crises and maybe even a pro bono death penalty case.

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Profile

The Patent Attorney Who Shook Up Professional Poker

By Alex Lawson

Moving from private practice to corporate counsel is a common path for lawyers of all stripes. Considerably less common is the shift from private practitioner to in-house counsel to poker world champion, but that's the exact trick Greg Raymer pulled off 20 years ago this week. Here, Law360 talks to Raymer about his legal career, the big poker win, and what life has been like since.

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Trump Atty Calls Cohen 'MVP Of Liars' As NY Trial Closes

By Rachel Scharf, Frank G. Runyeon and Stewart Bishop

Donald Trump's counsel repeatedly assailed the credibility of star witness Michael Cohen Tuesday in a final pitch to the New York jury that will decide whether to convict the former president of falsifying business records, calling Cohen "an MVP of liars" and "the human embodiment of reasonable doubt."

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Coverage Recap: Day 17 Of Trump's NY Hush Money Trial

By Stewart Bishop

Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from day 17.

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Trump's Florida Prosecutors Scolded For Gag Order Filing

By Elliot Weld

The Florida federal judge overseeing Donald Trump's classified documents case on Tuesday temporarily rejected the government's request for a limited gag order and admonished prosecutors for what she said was a lack of "substance and professional courtesy" in their conferral with defense attorneys before filing the motion.

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Serial Numbers Tie Gold Bars To Menendez, Jury Hears

By Carla Baranauckas

The executive assistant of a New Jersey real estate developer on trial alongside U.S. Sen. Robert Menendez linked her boss to some of the gold bars found in the congressman's New Jersey home, confirming Tuesday that the serial numbers of her employer's stash of bars matched the ones stamped on the flashy evidence.

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Gorsuch Unhappy Court Won't Rethink Jury Size Precedent

By Rose Krebs

In a strongly worded dissent Tuesday, Justice Neil Gorsuch said the U.S. Supreme Court needs to rethink precedent that "made the unthinkable a reality" by permitting juries of fewer than 12 people to decide cases involving serious criminal offenses.

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Head Of Judicial 'Progressive Powerhouse' To Step Down

By Courtney Bublé

Russ Feingold will step down next year as president of the American Constitution Society, which is a liberal counterpart to the Federalist Society.

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Absent Atty Irks Judge In Girardi-Linked Bar Corruption Case

By Craig Clough

A California judge on Tuesday chastised a lawyer representing former clients of Tom Girardi accusing the state bar of "rampant corruption," telling the attorney over the phone that he is "nonplussed" as to why he attempted to skip the hearing on the bar's motion to toss the case.

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Tech Co. Says Houston Court Set Trial Despite Atty Vacations

By Catherine Marfin

A Kansas-based technology company has asked a Texas appellate court to push back a June trial date in Houston, writing that a trial court judge scheduled the proceeding despite being notified of vacation conflicts by multiple attorneys.

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Catching Up With Delaware's Chancery Court

By Leslie A. Pappas

Delaware Court of Chancery watchers shifted their focus last week from the courtroom to Dover's legislative hall, as proposed amendments to Delaware's corporate code were finally introduced to state lawmakers. Hearings, decisions and reversals involved Kraft-Heinz, AMC Entertainment and the merger of cryptocurrency companies BitGo and Galaxy. In case you missed it, here's the latest from Delaware's Chancery Court.  

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LAW FIRMS IN TODAY'S NEWS

Abbott Cooper PLLC

Akerman LLP

Beal Sutherland

Berger Montague

Block & Leviton

Bragalone Olejko

Burr & Forman

Carter Arnett

Cohen Weiss

Constangy Brooks

Continental PLLC

Desai Legal Services

Faegre Drinker

Foley Hoag

Frank Freed

GessnerLaw

Gibbons PC

Girardi & Keese

Gray Cary

Hall & Lampros

Higgs Fletcher

Jackson Lewis PC

Jones Day

Kelly Hart

Lewis & Llewellyn

Lichten & Liss Riordan

Littler Mendelson

MLE Law

Marino & Associates PC

McCarter & English

McDowell Hetherington

Morgan Lewis

NechelesLaw

Ogletree Deakins

Orbach Huff

Orsinger Nelson

Osborne Law Firm

Paul Hastings

Paul Weiss

Perrin Law Firm

Plunkett Cooney

Radford & Keebaugh

Reed Smith

Sanders Roberts

Starr Butler

Susman Godfrey

Taylor English

WilmerHale

Wilson Elser

de Castro PC

COMPANIES IN TODAY'S NEWS

AMC Entertainment Holdings Inc.

American Airlines Group Inc.

American Constitution Society

Apple Inc.

Archaea Energy Inc.

Associated Press

BitGo Inc.

Boston Red Sox

Brookfield Infrastructure Partners LP

Cable News Network Inc.

Delaware State Bar Association

ESPN Inc.

FCA US LLC

Federalist Society

GE Vernova Inc.

GFL Environmental Inc.

Galaxy Digital Holdings Ltd.

General Electric Co.

GoJet Airlines LLC

Holy Redeemer Health System Inc.

Integrity Staffing Solutions

Kia Georgia Inc.

Koch Industries Inc.

Major League Baseball Inc.

Merck & Co. Inc.

National Association of Letter Carriers

National Collegiate Athletic Association

Pfizer Inc.

Service Employees International Union

Spotify Technology SA

State Bar of California

State Bar of Michigan

The New York Times Co.

Therapeutics Inc.

University of Rhode Island

Walt Disney Parks & Resorts Worldwide Inc.

Waste Industries USA Inc.

Xponential Fitness LLC.

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Supreme Court

Delaware Court of Chancery

Equal Employment Opportunity Commission

Federal Bureau of Investigation

Florida Attorney General's Office

Florida Supreme Court

Hopi Tribe

Los Angeles Superior Court

Manhattan District Attorney's Office

Michigan Legislature

National Labor Relations Board

Office of Tribal Justice

U.S. Attorney's Office for the District of Arizona

U.S. Attorney's Office for the Eastern District of Pennsylvania

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Department of Justice

U.S. Department of Labor

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the Middle District of Florida

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Southern District of California

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Washington

U.S. Patent and Trademark Office

U.S. Sentencing Commission

U.S. Supreme Court