On April 16, 2018, a Rhode Island court addressed for the first time whether an entity owes a duty of care to protect non-employees from exposure to the asbestos-tainted work clothes of the entity’s employee. In a decision denying the defendant Crane Co.’s motion for summary judgment in the matter of Carolyn Nichols, as Executrix… Continue Reading
Category Archives: Employment Litigation
Subscribe to Employment Litigation RSS FeedDevelopments in Sexual Orientation Discrimination Claims under Title VII
Posted in Employment Litigation, Litigation Trends, Rhode Island CourtsTitle VII of the Civil Rights Act of 1964 prohibits employers from discriminating on the bases of race, color, national origin, religion, and sex. Federal circuits are currently split on whether discrimination based on sexual orientation falls within the scope of discrimination based on sex (and therefore within the scope of Title VII’s prohibition). On… Continue Reading
Death, Taxes, and Sexual Harassment: How the #MeToo Movement Affected Trump’s Tax Bill
Posted in Corporate Litigation, Employment Litigation, Litigation Trends, UncategorizedOn December 22, 2017 President Trump signed into law the Tax Cuts and Jobs Act (officially Public Law no. 115-97, named “An Act to provide for reconciliation pursuant to titles II and V of the concurrent resolution on the budget for fiscal year 2018”). Recognized generally for changes to the individual income tax brackets, the… Continue Reading
SJC Limits Individual Liability Under Massachusetts Wage Act for Investors and Board Members
Posted in Employment Litigation, Massachusetts CourtsIn a recent decision, the Massachusetts Supreme Judicial Court (SJC) clarified the scope of personal liability for investors and board members under the Commonwealth’s Wage Act, as codified at G.L. c. 149, §§148-150. The SJC held that investors and board members could not be held personally liable solely by virtue of their investment activity or… Continue Reading
Age-Targeted Facebook Ads Challenged by Proposed CA Class Action
Posted in California Courts, Class Action Litigation, Employment Litigation, Litigation TrendsA group of companies that advertised job opportunities through Facebook’s ad-serving platform discriminated against older members of the applicant pool, claims a proposed class action filed in the U.S. District Court for the Northern District of California. This filing suggests potential liability for any employer that posts jobs via ads that target recipients based on demographic… Continue Reading
U.S. District Court for the District of CT Determines that Connecticut’s Medical Marijuana Law Protects Qualifying Patients from Workplace Discrimination
Posted in Connecticut Courts, Employment Litigation, Litigation Trends, Rhode Island CourtsThis article is Part Five of our Medical Marijuana and the Workplace: Recent Decisions from New England Courts Provide Significant Protections to Medical Marijuana Patient Employees Five-Part Series. See Parts One, Two, Three and Four for reference. A federal court in Connecticut has continued the recent trend of New England courts recognizing a cause of action under state law for patient-employees… Continue Reading
Medical Marijuana and Workers’ Compensation Coverage
Posted in Employment LitigationThis article is Part Four of our Medical Marijuana and the Workplace: Recent Decisions from New England Courts Provide Significant Protections to Medical Marijuana Patient Employees Five-Part Series. See Parts One, Two, and Three for reference. As the qualified use of medical marijuana to treat illnesses becomes more common and courts become more willing to extend legal… Continue Reading
California Appeals Court Reverses Summary Judgment in Favor of Defendant Employer on PAGA Cause of Action
Posted in California Courts, Employment Litigation, Litigation TrendsIn a recent decision, Lopez v. Friant., 2017 WL 2451126, the California First District Court of Appeal provided guidance as to the meaning of the Private Attorneys General Act, or PAGA. The Lopez ruling reversed an Alameda County trial court’s ruling, which had granted summary judgment in favor of defendant-employer Friant & Associates on the… Continue Reading
RI Superior Court Finds Implied Private Cause of Action Within the State’s Medical Marijuana Law for Adverse Action Taken Against Qualifying Patients & Recognizes that the RICRA Provides Similar Protections for Qualifying Patients Faced with Workplace Discrimination
Posted in Employment Litigation, Litigation Trends, Massachusetts Courts, Rhode Island CourtsThis article is Part Three of our Medical Marijuana and the Workplace: Recent Decisions from New England Courts Provide Significant Protections to Medical Marijuana Patient Employees Five-Part Series. A few months before the Barbuto opinion, see Parts 1 and 2, a Rhode Island court issued a summary judgment ruling making it easier for employees to claim… Continue Reading
Supreme Judicial Court’s Decision in Barbuto vs. Advantage Sales & Marketing LLC and Another is Contrary to Federal Law, Marks Significant Departure from Rulings in Other States
Posted in California Courts, Employment Litigation, Litigation Trends, Massachusetts CourtsThis article is Part Two of our Medical Marijuana and the Workplace: Recent Decisions from New England Courts Provide Significant Protections to Medical Marijuana Patient Employees Five-Part Series. Read Part One here. The Supreme Judicial Court’s ruling in Barbuto marks a significant departure from case law arising under the medical marijuana laws of other states, and in particular,… Continue Reading
Ogletree, Deakins & Nash Attorneys Get Smoked by Supreme Judicial Court of MA: Employer’s Termination of Employee For Failing Drug Test for Use of Medical Marijuana States a Claim for Workplace Discrimination
Posted in Employment Litigation, Litigation Trends, Massachusetts CourtsThis article is Part One of our Medical Marijuana and the Workplace: Recent Decisions from New England Courts Provide Significant Protections to Medical Marijuana Patient Employees Five-Part Series In Cristina Barbuto vs. Advantage Sales and Marketing, LLC, & another, SJC-12226 (July 17, 2017), slip opinion[1], the Supreme Judicial Court of the Commonwealth of Massachusetts was… Continue Reading
Massachusetts Superior Court Invalidates Forum Selection Clause and Dismisses Employer’s Action To Enforce a Noncompetition Agreement
Posted in California Courts, Commercial Litigation, Employment Litigation, Litigation Trends, Massachusetts CourtsOxford Global Resources, LLC v. Hernandez Superior Court of Massachusetts (Suffolk, Business Litigation Session) Docket No. 1684-CV-03911-BLS-2 The Business Litigation Session of the Suffolk Superior Court in Massachusetts invalidated a contractual forum selection clause and dismissed an employer’s action to enforce a noncompetition agreement signed by a former employee, because the employer forced a… Continue Reading
Missouri Supreme Court Extends Daimler and Says No to Forum Shopping
Posted in Commercial Litigation, Corporate Litigation, Delaware Courts, Employment Litigation, Missouri CourtsOn February 28, 2017, the Missouri Supreme Court joined a growing list of tribunals to apply a strict reading of the United States Supreme Court’s seminal ruling in Daimler AG v. Bauman, 134 S. Ct. 746 (2014). In State ex rel. Norfolk So. Ry. Co. v. Hon. Colleen Dolan, No. SC95514, the Missouri Supreme Court held… Continue Reading
Delaware Supreme Court Repudiates LLC’s Fraudulent Inducement Defense in Summary Advancement Proceeding
Posted in Delaware Courts, Employment Litigation, Litigation Trends, UncategorizedThe Delaware Supreme Court recently held that the plain language of an employment agreement and an LLC agreement prevented an LLC from interjecting a fraudulent inducement defense into a summary proceeding for the advancement of litigation expenses under Section 18-108 of the Delaware LLC Act. Trascent Mgmt. Consulting, LLC v. Bouri, No. 126, 2016 (Del…. Continue Reading
Don’t Watch Your Personal Jurisdiction Defense Sail Away
Posted in Employment Litigation, Litigation Trends, Rhode Island CourtsThe rules of civil procedure are thrust, like harpoons, upon young lawyers during their first year of law school, and for good reason. Failing to abide by any number of a jurisdiction’s various rules sections, subsections, and clauses can result in instant death to your client’s cause of action or defense. For example, we know… Continue Reading
LA Supreme Court Ruling a Sweet One for Insurer
Posted in Complex Torts, Employment LitigationRecently, the Louisiana Supreme Court in Arceneaux et al. v. Amstar Corp. et. al, 2015-0588 (La. 9/7/16, 1) decided that, in long latency disease cases, an insurer’s payments of defense costs may be prorated when the insurer’s occurrence-based policy was effective only during part of the plaintiffs’ exposure years. Plaintiffs in Arceneaux alleged hearing loss… Continue Reading
Picture Worth More Than a Thousand Words to Plaintiff in Rhode Island Case
Posted in Employment LitigationArguably the two most significant challenges for any employer involve hiring and terminating employees. In both processes, employers are faced with substantive and administrative concerns. On the substantive level, employers routinely ask themselves questions such as: Will the applicant be a good fit with office culture? Did the employee meet core competencies? Likewise—and perhaps more… Continue Reading
Noise-Induced Hearing Loss Claims Against Employers Fall On Deaf Ears
Posted in Employment Litigation, Premises LiabilityOccupational Hearing Loss (OHL) is one of the most prevalent work-related illnesses in the United States with 22 million workers exposed to hazardous noise each year, according to the Centers for Disease Control. With approximately $242 million spent annually on workers’ compensation claims for disabilities arising from hearing loss, this number is set to increase… Continue Reading
The Massachusetts Wage Act: Increased Number of Claims Leads to Influx of Important Rulings
Posted in Employment Litigation, Massachusetts CourtsThe Massachusetts Payment of Wages Statute (the “Wage Act”) has lately received a great deal of attention from Massachusetts trial and appellate courts. Although the statute has been in place since 1993, Massachusetts employers have recently faced a marked increase in Wage Act claims, likely due to the availability of treble damages and attorneys fees. Just in the past year, Massachusetts court… Continue Reading
California’s Long Awaited Brinker Decision on Meal and Rest Period Obligations
Posted in California Courts, Employment Litigation, Litigation TrendsThe California Supreme Court recently released its long awaited decision in the class action case Brinker v. Superior Court (Hohnbaum), S166350, in which a class of approximately 60,000 restaurant employees alleged their employer failed to provide meal and rest periods as required under California law. Class action litigation has increased exponentially in California, with meal… Continue Reading
Editors
Brian Gross
Brian D. Gross is a partner at MG+M who has extensive experience in a broad spectrum of litigation. He is also a member of several corporate defendants’ national trial teams. MoreJennifer A. Whelan
Jennifer A. Whelan is a partner in MG+M’s Boston office, her practice focuses on defense of asbestos, mass tort, products liability, and general liability matters. Jennifer serves as national coordinating counsel in asbestos litigation matters. In this role, she works closely with a variety of corporate and expert witnesses to prepare cohesive litigation defense strategies. More
Contributors
Cory Lapin
As an associate in MG+M's Miami office, Cory D. Lapin practices high-exposure complex litigation. He has significant experience in areas such as medical malpractice, products liability, mass torts, and catastrophic injury litigation. More
Joseph M. Aguirre
As an associate in the firm’s Boston office, Joseph M. Aguirre works on a variety of complex litigation matters. Prior to joining MG+M, Joseph worked as a litigation associate at a regional law firm in Alabama where his practice focused on employment litigation, personal injury and wrongful death tort claims, and professional liability. MoreHelen M. Buckley
As an associate in the firm’s New Orleans office, Helen M. Buckley focuses her litigation practice on a number of complex litigation practice areas, including asbestos litigation and toxic tort relating to premises, products, and general liability. MoreStephanie M. Spritz
As an associate in the firm’s Miami office, Stephanie M. Spritz’s practice includes defending clients in complex litigation matters. MoreIan A. Epperson-Temple
Ian A. Epperson-Temple is an associate with MG+M based in the firm’s Boston, Massachusetts office. He is a member of the Complex Litigation Practice Group and focuses his practice on defending a variety of complex civil litigation matters including premises liability, products liability, toxic tort liability, and general defense liability. More
Alexander L. Zodikoff
Alexander L. Zodikoff is an associate in MG+M's Boston, Massachusetts office, where he is a member of the Complex Litigation Practice Group. More
Freddy Fonseca
Freddy Fonseca is an associate with MG+M and an FAA licensed airframe and power plant technician. Clients have come to rely on Freddy for his eight-year career as an aircraft maintenance technician, knowledge of federal aviation regulations and airport operations, and enthusiasm for aviation, to defend toxic tort and products liability aviation cases. More
Emily Westfall
Emily Westfall is an associate in the firm’s San Francisco office. Her practice includes defending clients in toxic tort, products liability, employment discrimination, wage and hour, class action, and construction litigation. Her experience defending cases from beginning to resolution includes crafting innovative pre-trial and trial strategies, initiating aggressive discovery, deposing key witnesses, and successfully advocating for clients in court. More
Eddie Dennis
Eddie Dennis is an associate in MG+M's Irvine, California office. His practice focuses primarily on toxic tort liability, premises liability, general liability and construction law. Eddie represents entities such as product manufacturers, premises owners, and contractors through all phases of pre-trial litigation. More
Daniel Shevtsov
Daniel Shevtsov is an associate in the firm’s Walnut Creek office. His practice focuses on construction litigation, real estate, personal injury, products liability, and general civil litigation. More
Sean McGah
An Associate in the Irvine, California office, Sean dedicates his practice to multiple-party complex litigation, mainly cases involving environmental tort and asbestos litigation. Sean has extensive experience defending premise owners, contractors, product manufacturers, and product suppliers. More
Juniper Bacon
Juniper Bacon is an associate with MG+M, where her practice currently focuses on products liability and complex litigation, with an emphasis on products liability, premises liability and toxic tort. More
Stephanie M. Batchelder
Stephanie M. Batchelder is a partner in the firm’s Products Liability and Complex Tort Litigation Group. Her practice has a primary focus on insurance defense, products liability and asbestos-related toxic tort cases in Massachusetts and Rhode Island. More
Abby Adams
Abby Adams is an associate in the firm's San Francisco office, where her practice focuses on civil litigation including products liability, toxic tort, professional malpractice and employment law litigation. In addition, Abby has experience negotiating business and event contracts on behalf of small to medium-sized businesses. More
Javier F. Flores
Javier F. Flores is a partner with MG+M, whose trial and litigation practice focuses on food-borne illness, product liability, professional liability and premises liability matters. Javier has litigated cases throughout the country and has extensive experience defending and counseling clients in civil actions. More
Kaylin S. Grey
Kaylin S. Grey is an associate in MG+M’s Miami office. She is a seasoned litigator whose practice focuses on complex commercial litigation, products liability and toxic tort defense. More
Matthew Giardina
Matt is an associate in the Providence, Rhode Island office, and a member of the firm’s Complex Litigation Practice Group. He focuses his practice in the areas of products liability defense, mass torts, and other complex tort litigation as well as employment law and corresponding litigation.
More
Meghan B. Senter
Meghan B. Senter is an Associate with the firm’s Complex Litigation Group, based in the firm’s New Orleans offices. Meghan focuses her practice in the areas of products liability, premises liability, insurance defense, and toxic tort.
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Marisa Pearson
Marisa K. Pearson is an associate with MG+M, whose practice focuses on complex civil litigation, including toxic tort, mass tort, and products liability defense. More
Rebecca Kibbe
Rebecca Kibbe is a partner residing in the Miami office of MG+M. She focuses her practice on product liability and toxic tort defense, specializing in asbestos defense. More
Jonathan Tabasky
Jonathan Tabasky represents architects, attorneys, engineers, real estate brokers and appraisers, and independent insurance adjusters, among others, in negligence/professional malpractice cases. He also represents a broad range of companies in product liability and toxic tort cases including manufacturers of prescription drugs, protective clothing, fittings, heating devices, wire and cable, trucks, aircraft and turbines. More
Nicole Harrison
Nicole Villalvazo Harrison is an associate in MG+M’s Los Angeles, California, office, where she is a member of the Products Liability and Complex Tort Litigation group.
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Katherine Vogelhuber
Kate Vogelhuber is an associate in the firm’s products liability and complex tort practice, where she concentrates on products liability defense and litigation management for a number of the firm’s national clients. Kate is admitted to practice in the Commonwealth of Massachusetts and the State of Illinois. More
Jason Cincilla
Jason Cincilla is a partner at MG+M and the lead attorney in the firm’s Delaware office. He conducts and supervises a broad litigation practice, and he has extensive experience in all stages of litigation in many areas. More
Carrie Lin
Carrie Lin is a partner in MG+M's San Francisco office. Her civil litigation practice focuses on tobacco and asbestos matters as well as the prosecution of employment class action matters. More
Eric Skelly
Eric Skelly is a partner with MG+M. He is a civil litigator who focuses his practice on all aspects of civil litigation including food liability matters, business and commercial disputes, products liability, and toxic torts. More
Dustin Beckley
Dustin C. Beckley is an associate with MG+M and a member of the firm’s Products Liability and Complex Tort Defense Group. His civil litigation practice focuses on toxic tort and products liability litigation.
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David Davidson
David Davidson is a partner with MG+M and a member of the firm’s Products Liability and Complex Tort Litigation Group.
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