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Abraham N. SaigerBlog Posts

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U.S. Supreme Court Hears Argument on Whether ‘Ministerial Exception’ Covers Lay School Teachers

Whether the Establishment and Free Exercise Clauses prevent civil courts from adjudicating employment discrimination claims brought by employees against their religious employer, where the employee carried out important religious functions, is the question presented in two consolidated cases before the U.S. Supreme Court: Our Lady of Guadalupe School v. Morrissey-Berru, No. 19-267, and St. James School v. Biel, No.... Continue Reading
May 12, 2020

Seventh Circuit Issues New Standard on Class Notice to Employees who Signed Arbitration Agreements

The U.S. Court of Appeals for the Seventh Circuit, in a case of first impression, has developed a required framework for a district court to evaluate when a plaintiff asks the Court to authorize notice to putative class members who have entered into arbitration agreements with their employer.  The Seventh Circuit held that notice of...… Continue Reading
January 27, 2020

U.S. Supreme Court: Employment Class Arbitration Must Be Expressly Addressed in Contract

Class action arbitration is such a departure from ordinary, bilateral arbitration of individual disputes that courts may compel class action arbitration only where the parties expressly declare their intention to be bound by such actions in their arbitration agreement, the U.S. Supreme Court has ruled in a 5-4 decision. Lamps Plus, Inc. v. Varela, No....… Continue Reading
April 25, 2019

Availability of Class Arbitration is for Court to Decide, Appeals Court Rules

Vacating a $10 million arbitration award resulting from a “collective action” arbitration, the U.S. Court of Appeals for the Seventh Circuit ruled that whether class or collective arbitration is authorized by an arbitration agreement is a threshold question for the district court, not an arbitrator. Herrington v. Waterstone Mortgage Corp., No. 17-3609 (7th Cir. Oct....… Continue Reading
October 24, 2018

California Governor Vetoes Bill Prohibiting Mandatory Arbitration Provisions in Employment Contracts

In a last-minute action on the September 30 legislative deadline, California’s Governor vetoed a bill that, among other things, would have imposed restrictions on the use of arbitration agreements for certain employment claims. Under vetoed Assembly Bill 3080, beginning on January 1, 2019, employers in California would have been barred from requiring employees and independent...… Continue Reading The post California Governor Vetoes Bill Prohibiting Mandatory Arbitration Provisions in Employment Contracts appeared first on California Workplace Law Blog.
October 1, 2018

Well-Documented Investigation and Carefully Written Policies Give Win to School District Against Discrimination, Retaliation Claims

  Following nearly 10 days of witness testimony, a jury in Denton, Texas, has ruled in favor of the Denton Independent School District (ISD), and rejected an ISD para-professional’s claim that he was fired in retaliation for complaining about discrimination. Although the ISD’s termination letter to the para-professional stated that his history of filing meritless...… Continue Reading
March 29, 2018

$6.8 Million Award for Theft of Company Trade Secrets

A dental technology company has obtained a $6.8 million judgment against a former employee accused of stealing the company’s designs. The federal district court in Central California entered the judgment after finding the defendant, Jian Lu, liable for stealing trade secrets. Sirona Dental Systems Inc., et al. v. Jian Lu, No. 2:15-cv-08777 (C.D. Cal. Oct....… Continue Reading
November 5, 2017

Iowa Waives Appeal of $2.2 million Verdict In Favor of Settlement

On August 24, 2017 we reported that former communications director for the Iowa Senate Republican Caucus, Kristen Anderson, was awarded $2.2 million in damages by a jury that found Anderson had been fired in retaliation for complaining about sexual harassment and a hostile work environment. In late September, the parties reached a settlement, pursuant to...… Continue Reading
October 17, 2017

Court Reduces Jury Award of $6.45 Million to $100,000.

On May 16, 2017, we reported that a jury in Davis v. Packer Engineering, Inc., No. 1:11-cv-07923, awarded plaintiffs Danya Davis and Bernessa Wilson each $3 million in punitive damages and $150,000 and $300,000, respectively, in compensatory damages.  In that case, the plaintiffs had alleged, among other things, that their employers subjected them to a...… Continue Reading
August 11, 2017

Former Big League Pitcher Awarded More than $1.5 Million for Wrongful Termination

A New Jersey jury in the Superior Court of New Jersey for Camden County has awarded former Major League Baseball pitcher Mitchell Williams $1,565,333 in a wrongful termination action he filed against MLB Network, Inc. Mitchell Williams v. The MLB Network, Inc., et al., No. L-3675-14. Williams, nicknamed “Wild Thing,” played professional baseball from 1986...… Continue Reading The post Former Big League Pitcher Awarded More than $1.5 Million for Wrongful Termination appeared first on Collegiate & Professional Sports Law Blog.
July 5, 2017

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