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.
Articles Discussing Topics Regarding The Practice Of Labor And Employment Law.
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.
Sixth Circuit Extends Ban of Contractually Shortened Limitations Periods to ADA and ADEA Claims
The U.S. Court of Appeals for the Sixth Circuit, the appellate court responsible for the federal district courts of Michigan, Ohio, Kentucky, and Tennessee, recently made clear that claims asserted under the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) cannot be subject to contractually
Emotional Support Animals on the Witness Stand?
The Pennsylvania Supreme Court has agreed to hear an appeal on the issue of whether a witness may have an emotional support animal present while testifying at trial.
In Commonwealth v. Purnell, the Superior Court of Pennsylvania upheld a trial court’s ruling that an autistic minor witness could have a
President Trump Nominates Amy Coney Barrett to U.S. Supreme Court
In the wake of Justice Ruth Bader Ginsburg’s death, President Donald Trump has nominated the Honorable Amy Coney Barrett, who sits on the federal U.S. Court of Appeals for the Seventh Circuit, to the U.S. Supreme Court. A conservative jurist and self-described “originalist” and “textualist,” Barrett previously clerked for the late-Justice Antonin Scalia of the U.S. Supreme Court.
A Closer Look at Trump’s Latest SCOTUS Nominee: Judge Amy Coney Barrett
On Saturday, September 26, President Trump nominated Judge Amy Coney Barrett to fill the vacancy on the bench occasioned by the death of Justice Ruth Bader Ginsburg. Barrett, who sits on the U.S. Court of Appeals for the Seventh Circuit, has only served as a federal judge since 2017,
Jury Trials – Part 3 – Jury Trials During and Post-COVID
In this third of a three-part series, Littler Los Angeles Shareholder and trial attorney Helene Wasserman interviews Dr. Dan Gallipeau, co-founder and President of Dispute Dynamics, a nationally-recognized jury consulting firm, about what a jury trial is likely to look like in our safety-conscious and socially-distanced COVID era.
Jury Trials – Part 1 – Jury De-Selection During and Post-COVID
In this first of a three-part series, Littler Los Angeles Shareholder and trial attorney Helene Wasserman interviews Dr. Dan Gallipeau, co-founder and President of Dispute Dynamics, a nationally-recognized jury consulting firm, about how jurors have changed in this COVID era, and what trial attorneys should consider when selecting juries during, and after, COVID.
A Game of Venue Ping Pong Ended by the 7th Circuit Based on a Forum-Selection Clause
Employment claims brought by a former claims adjuster were batted back and forth from California state court to Indiana federal court and nearly back again before the U.S. Court of Appeals for the 7th Circuit stepped in. On August 3, 2020, the 7th Circuit held the forum selection clause between
Litigator’s Guide to Navigating Virtual Court Proceedings
With the “new norm” losing some of its “newness” as the COVID-19 pandemic continues, virtual court proceedings are becoming widespread across federal and state courts. Here are some important areas to consider before and during remote court proceedings.
Test Your Technology
At this point, many people have participated in a
A Littler Virtual Litigation Podcast: Successful Virtual Mediations
Even though most shelter in place orders have been lifted, and some courthouses are reopening, much of the work in the legal profession is still being conducted remotely. While there may be both advantages and disadvantages to litigating over the internet, virtual litigation is here to stay.
Lawyering Through Covid-19: What We’ve Heard From the Practices
Scott Forman talks about Littler’s Restructuring Assessment Solution.
Bloomberg Big Law Business
Retirement Plan Participants and Standing: Supreme Court’s New ‘No Harm, No Foul’ Ruling
The Supreme Court of the United States has held many times that the federal courts do not have jurisdiction over a lawsuit unless the plaintiff has standing to sue under the federal Constitution. To have standing, the Court has said that the plaintiff must show that he or she suffered
Advisory Opinion: A Former Third Circuit Judge’s Tips for Winning on Appeal
Before reentering private practice, I was a federal judge for over 24 years, the final eight of which I had the tremendous honor of serving on the United States Court
Social Profiles