Newsletters

12.20.22

Second Circuit Affirms Dismissal Based on Separation Agreement

The Second U.S. Circuit Court of Appeals recently weighed in on release provisions in separation agreements in the context of a head injury.


12.20.22

Sixth Circuit Reverses Dismissal of FMLA Action

Reversing summary judgment in favor of an employer in a Family and Medical Leave Act action, a panel of the U.S. Court of Appeals for the Sixth Circuit held that an employee was not required to provide details each time he requested to use his intermittent leave.


12.06.22

Patent Owner Warning: Statements/Amendments During Examination Will Be Scrutinized During Litigation

In Genuine Enabling Technology LLC v. Nintendo Co., Ltd.,the Federal Circuit held that statements made during prosecution—to distinguish the prior art on the ground that it taught slow-varying signals whereas the invention utilized audio or higher-frequency signals—only clearly ...


11.21.22

New York Court Certifies Two Classes in TCPA Class Action

Certifying two classes in a Telephone Consumer Protection Act class action, a New York federal court found that questions of individualized consent did not predominate and that the plaintiffs did not need to demonstrate that they personally registered their numbers on the National Do Not Call ...


11.21.22

Wrong Number Suit Moves Forward in California

A Telephone Consumer Protection Act defendant couldn’t hang its hat on the argument that it accidentally texted the wrong number, a California federal court recently held.


11.21.22

Oklahoma’s Mini-TCPA Takes Effect

The potential for liability for callers has increased yet again, with Oklahoma’s Telephone Solicitation Act  taking effect as of November 1.


11.16.22

Ninth Circuit Rejects Another AB 5 Challenge

The U.S. Court of Appeals for the Ninth Circuit has again upheld California’s Assembly Bill 5, the 2019 law that adopted the ABC test to determine whether a worker is an employee or independent contractor, in a First Amendment challenge.


11.16.22

California Court Reverses Dismissal of EPA Claim

A California appellate panel reversed dismissal of a female employee’s Equal Pay Act claim, finding her evidence that a single male comparator was paid more than she was to be sufficient to survive summary judgment.


11.16.22

Rounding Policy Falls Flat in California

An employer’s quarter-hour rounding policy did not comply with California law because the company could and did track the exact time in minutes that employees worked each shift—but did not pay them for it, according to a California appellate panel.


11.16.22

Federal Lawmakers Consider Ban on Noncompetes

Continuing a crackdown on noncompetes at the federal level, a new bill introduced in the House of Representatives would ban noncompete agreements nationwide for nonexempt employees under the Fair Labor Standards Act.