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It’s the Cover-Up That Gets You
  • Crowell & Moring LLP
  • USA
  • May 17 2017

On May 16, 2017, the Fourth Circuit issued a decision in United States ex rel. Omar Badr v. Triple Canopy, holding that the Government had properly

FMLA Retaliation Claims Don’t Require Direct Evidence, Third Circuit Rules
  • Manatt Phelps & Phillips LLP
  • USA
  • April 13 2017

Direct evidence of retaliation is not required for a plaintiff to claim retaliation in violation of the Family and Medical Leave Act (FMLA), the U.S

Third Circuit Substitutes “Likely Reason” for “But For” at Summary Judgment Stage of Retaliation Case
  • Ogletree Deakins
  • USA
  • April 7 2017

In Carvalho-Grevious v. Delaware State University, No. 15-3521 (March 21, 2017), the Third Circuit Court of Appeals addressed an important

Third Circuit: No Direct Evidence Needed for Mixed-Motive Jury Instruction in FMLA Retaliation Cases
  • Jackson Lewis PC
  • USA
  • March 29 2017

A former employee alleges that he was terminated because he exercised his right to take intermittent leave under the Family and Medical Leave Act

Third Circuit Permits ADEA “Subgroup” Claims
  • Proskauer Rose LLP
  • USA
  • February 16 2017

The Third Circuit recently held in Karlo v. Pittsburgh Glass Works, LLC, No. 15-3435, 2017 WL 83385 (3d Cir. Jan. 10, 2017), that workers in their

Third Circuit Clarifies Plaintiff’s Burden of Proof for USERRA Claims
  • Seyfarth Shaw LLP
  • USA
  • December 21 2016

The Third Circuit held that, in a failure-to-promote USERRA case, plaintiffs need not plead or prove that they are objectively

Third Circuit Affirms Employer’s Right To Provide Truthful Information In Response To Reference Request Without Liability To Former Employee
  • Kelley Drye & Warren LLP
  • USA
  • July 11 2016

In a recent unpublished decision by the Third Circuit Court of Appeals, the Court affirmed the lower court and held that a former employee could not

Bankruptcy court applies Third Circuit test for addressing “debt” versus “equity” question.
  • Seyfarth Shaw LLP
  • USA
  • July 25 2013

In Patel v. Shubh Hotels, LLC (In re Shubh Hotels Pittsburgh, LLC), the Bankruptcy Court for the Western District of Pennsylvania addressed whether

U.S. Supreme Court rejects class certification in Comcast v. Behrend
  • Morgan Lewis
  • USA
  • March 28 2013

High Court's decision provides companies with a significant and rational defense to class certification in antitrust and other damages class actions

An overseas sea change for U.S. antitrust laws? New developments in the interpretation of the Foreign Trade Antitrust Improvements Act
  • Proskauer Rose LLP
  • USA
  • September 7 2011

Did it just get easier for plaintiffs to apply U.S. antitrust laws to foreign conduct?