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Tension between private AG law and mandatory arbitration heats up in California

Shook Hardy & Bacon LLP
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USA
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June 13 2013

American Lawyer senior writer Alison Frankel reports on a recent California appellate court ruling that "just made a high-stakes debate at the state

Ninth Circuit joins sister circuits on inconsistent federal and state class action mechanisms

Shook Hardy & Bacon LLP
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USA
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April 25 2013

The Ninth Circuit Court of Appeals has determined, in the context of a wage-andhour dispute, that different opting mechanisms for class members

Virginia Supreme Court issues ruling on cause of action accrual in asbestos case

Shook Hardy & Bacon LLP
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USA
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January 17 2013

A divided Virginia Supreme Court, answering a question certified to it by the Third Circuit Court of Appeals, has determined that a plaintiff's cause

Federal jury finds asbestos lawyers liable for RICO violations

Shook Hardy & Bacon LLP
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USA
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January 17 2013

A federal jury in West Virginia has reportedly awarded CSX Transportation more than $425,000 in a lawsuit against two Pittsburgh, Pennsylvania

FDA seeks dismissal of whistleblower retaliation claims

Shook Hardy & Bacon LLP
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USA
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October 11 2012

In an ongoing dispute between scientists critical of the Food and Drug Administration’s (FDA’s) medical-device review process, FDA has sought to dismiss claims of adverse employment action allegedly taken in retaliation for whistleblowing

OSHA finalizes whistleblower rules under Consumer Product Safety Act amendments

Shook Hardy & Bacon LLP
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USA
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July 19 2012

The Occupational Safety and Health Administration (OSHA) has issued a final rule that took effect July 10, 2012, to implement the protections provided to employees under the Consumer Product Safety Improvement Act of 2008 “against retaliation by a manufacturer, private labeler, distributor, or retailer, because they provided to their employer, the Federal Government or the attorney general of a state, information relating to any violation of, or any act or omission the employees reasonably believe to be a violation of, any provision of an Act enforced by the Consumer Product Safety Commission, or any order, rule, regulation, standard, or ban under any such Act.”

Fired worker seeks SCOTUS review of punitive damages question

Shook Hardy & Bacon LLP
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USA
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July 19 2012

A former UPS employee who alleges retaliatory discharge has filed a petition for certiorari, seeking U.S. Supreme Court review of a Tenth Circuit decision overturning as excessive a jury’s $2 million punitive damages award

Second Circuit rules failure to institute “litigation hold” does not constitute gross negligence per se

Shook Hardy & Bacon LLP
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USA
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July 19 2012

In the context of an employment discrimination dispute, the Second Circuit Court of Appeals has determined that a district court did not abuse its discretion in denying an adverse inference instruction despite the defendant’s failure to preserve personnel files after receiving notice of the plaintiffs’ Equal Employment Opportunity charge in 2001

Fifth Circuit upholds fraud verdict and damages against asbestos plaintiffs’ counsel

Shook Hardy & Bacon LLP
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USA
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June 14 2012

A divided Fifth Circuit Court of Appeals panel has affirmed a judgment against two lawyers on claims of fraud and breach of the duty of good faith and fair dealing; their alleged misrepresentations purportedly induced the plaintiff to settle asbestos exposure claims filed by its former employees

OSHA plans to establish Whistleblower Protection Advisory Committee

Shook Hardy & Bacon LLP
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USA
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May 24 2012

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has announced plans to establish a Whistleblower Protection Advisory Committee to improve the “efficiency, effectiveness and transparency” of the agency’s whistleblower protection activities