Denying the Equal Employment Opportunity Commission’s (EEOC) request to enforce a subpoena that would have expanded the agency’s investigation on a classwide basis, the U.S. Court of Appeals for the Eleventh Circuit has held the EEOC did not have the authority to expand the investigation beyond the individual allegations in the charge.
Articles Discussing The Work Of Practicing Labor And Employment Law.
Countering Unprofessional Behavior: Civility in Litigation and Navigating Difficult Opposing Counsel
What Does the Supreme Court’s Decision Not to Review the Standard for Attorney-Client Privilege Mean for Employers?
As workplace issues have become more complex, human resource professionals and managers often turn to employment lawyers for advice in sorting out matters involving the interaction between business requirements and the requirements of employment laws and regulations. When is such advice protected from disclosure under the attorney-client privilege?
U.S. Supreme Court Dismisses as ‘Improvidently Granted’ Case on Scope of Attorney-Client Privilege
In a per curiam opinion, the U.S. Supreme Court has dismissed the writ of certiorari granted in In re: Grand Jury, No. 21-1397, writing only that it was “improvidently granted.”
Supreme Court to Assess Attorney-Client Privilege When Legal and Business Advice Intertwine
The attorney-client privilege protects confidential communications between clients and their attorneys made for the purpose of obtaining or providing legal advice. In Upjohn Co. v. United States, a seminal 1981 decision addressing this topic in the corporate context, the Supreme Court of the United States noted: “[i]n light of the
U.S. Supreme Court to Decide Whether Appeal of Denial of Motion to Compel Arbitration Stays Litigation
The U.S. Supreme Court will decide whether the appeal of a denial of a motion to compel arbitration mandates that the district court stay litigation pending appeal or permits the district court to decide on a case-by-case basis whether to put the proceedings on hold in Coinbase Inc. v. Bielski, No. 22-105.
Supreme Court to Hear Case on Whether Lawsuits are Stayed During Appeal of Denial of Motion to Compel Arbitration
On December 9, 2022, the Supreme Court of the United States granted a petition for certiorari in a case raising the question of whether a non-frivolous appeal to the denial of a motion to compel arbitration strips the district court of jurisdiction of a case and therefore puts the case
U.S. Supreme Court Hears Oral Argument on Where Businesses Can Be Sued
The constitutionality of Pennsylvania’s “registration statute,” which requires corporations that register to do business in Pennsylvania consent to the “general personal jurisdiction” of Pennsylvania, was the subject of oral argument in the U.S. Supreme Court on November 8, 2022.
Pro Bono Week Podcast – Pet Rescue
Mike Dissinger and Jenny Schwendemann tell the story of how Mike’s love of dogs led him to start working with a pet rescue organization in Las Vegas (as well as taking home a new pup in the process).
Littler attorneys provide pro bono services in a variety of areas,
U.S. Supreme Court to Clarify Scope of Attorney-Client Privilege Issue
The U.S. Supreme Court has agreed to review a case to clarify the scope of attorney-client privilege in the context of dual-purpose communications. In re: Grand Jury, No. 21-1397.
Fifth Circuit Relied on ‘Next to No Evidence’ of Animus in Discrimination Suit
On May 13, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of an employer, finding that a fired employee had failed to create a genuine dispute of material fact as to pretext. In Owens v. Circassia Pharmaceuticals, Inc., the court affirmed summary judgment
Employment Litigation: Perspectives from the ‘Other Side”
In this episode, Jen chats with Tim Del Castillo, a respected litigator who represents both employers and employees. Jen and Tim offer practical guidance on the most common employer mistakes and how to stay out of court.
Federal Court: Employee’s Self-Serving Testimony and Discovery Responses Did Not Satisfy Burden of Proof on Summary Judgment
In Buckmaster v. The National Railroad Passenger Corp. d/b/a Amtrak, the U.S. District Court for the District of Maryland addressed whether an employee had offered any evidence of discrimination or retaliation beyond his own speculative beliefs and personal disagreement with his employer’s legitimate business reason for terminating his employment.
Parties, Start Your Engines: Snap Removals and Defeating Incomplete Diversity
In what is known as a “snap” removal, a non-resident defendant may be able to remove a state court case to federal court based on diversity jurisdiction, despite resident defendant(s) being named in the suit. To effect a snap removal, the non-resident defendant must file removal papers before the
“No Concrete Harm, No Standing”: The Supreme Court Reinforces the Requirement for Injury-in-Fact Even for Violations of Federal Statutes
On June 25, 2021, the U.S. Supreme Court issued its opinion in Ramirez v. Trans Union, holding that the 8,185 class members had Art. III standing for some but not all of their claims under the Fair Credit Reporting Act (FCRA). Relying largely on its opinion in Spokeo v.
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