By Adolfo Pesquera | September 20, 2024
A legal tech company's refusal to enter collective bargaining had merit, the Fifth Circuit said, because a class of supervisors were improperly included in the bargaining unit. The decision went against the National Labor Relations Board.
The Legal Intelligencer | Commentary
By Samuel H. Pond | September 20, 2024
In Elite Care RX v. Premier Comp Solutions, the Pennsylvania Supreme Court was asked to address where a health care provider can pursue a claim against an insurer for unpaid medical bills incurred by injured workers receiving workers' compensation benefits. Must a provider go through the administrative processes of Pennsylvania's Workers' Compensation Act (the act), or could it pursue a civil lawsuit?
Connecticut Law Tribune | News
By Emily Cousins | September 19, 2024
Michael S. O'Malley of Ogletree Deakins, along with Evan H. Cohn of Taft Stettinius & Hollister, are counsel for the plaintiff.
By Marianna Wharry | September 18, 2024
"Here, the plaintiff has alleged that a core principle of being 'Pagan' is submitting to natural forces and refusing artificial medical aid," U.S. Chief Judge F. Dennis Saylor IV wrote. "She has asserted that the mRNA technology used to develop some of the COVID-19 vaccines makes them unnatural and impermissible, as distinct from the virus-derived annual flu vaccine. That asserted connection is sufficient to support a plausible claim that accepting at least some of the COVID-19 vaccines would violate a tenet of her idiosyncratic religion."
By Mason Lawlor | September 18, 2024
"It is not clear from the face of the complaint that plaintiff's breach of contract claim is barred by the statute of limitations because it is plausible that partial payments from defendant Adora made sometime between 2016 and 2022 tolled the statute of limitations. This is a factual issue that cannot be resolved at the motion to dismiss stage," U.S. District Judge William L. Osteen said.
The Legal Intelligencer | News
By Riley Brennan | September 18, 2024
This complaint was first surfaced by Law.com Radar, ALM's source for immediate alerting on just-filed cases in state and federal courts.
By Charles Toutant | September 17, 2024
"Defendant Regent made the calculated decision, in consultation with its lawyers, that it could save money because of an alleged loophole in the WARN Act; namely, that it supposedly did not apply to fully or partially remote workers. However, that is not correct," the suit claims.
By Riley Brennan | September 17, 2024
"Protected activity only needs to implicate 'a reasonable belief' that 'a violation is likely to happen,'" U.S. District Judge Angel Kelley for the District of Massachusetts said. "Given his background and the factual circumstances, Wirth had enough information to sufficiently plead that he reasonably believed a violation of SOX was likely to happen."
The Legal Intelligencer | Commentary
By Stephen A. Antonelli and Alexandra G. Farone | September 17, 2024
Changes in the world of noncompetition agreements (noncompetes) have been particularly prevalent in recent weeks, most notably including court activity barring the Federal Trade Commission's new noncompete ban and Pennsylvania's new law restricting the use of certain noncompetes for health care practitioners.
By Charles Toutant | September 16, 2024
"The defendants also went to great lengths to invent bogus and pre-textual performance issues in an attempt to justify an otherwise unlawful termination," plaintiffs lawyer Matthew Luber said.
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