Labor / Employment

Offensive pass interference, Seahawks!

It is time to get the real refs [back].

– GOP vice presidential nominee Paul Ryan, commenting on the unfortunate NFL replacement referee situation. Luckily, with the assistance of Proskauer Rose and Arnold Newbold Winter & Jackson, the NFL and the referees’ union were able to reach an agreement to end the lockout.

Stripping is supposed to be a lucrative profession — just look at all of the law students racing to the poles in the hopes of obtaining gainful employment. And in some states, bumping and grinding on stage while wearing six-inch lucite heels is even considered an artful expression worthy of protection under the First Amendment. Unfortunately, two lawsuits in New York and Texas threaten to sabotage the erotic striptease entertainment that we’ve all come to know and love.

New York’s highest court is currently considering whether an adult club is entitled to a sales tax exemption for lap dances under the theory that they qualify as “dramatic or musical arts performances.” Meanwhile, in the Lone Star state, a plaintiff in a federal class action suit claims that strippers are misclassified as independent contractors and being forced to live on tips alone.

Now that we’ve greased the pole, let’s get ready for a feature performance from both of these suits….

double red triangle arrows Continue reading “Stripper Law: A Potpourri of Pleadings From the Pole”

“In accepting the offer to join Ropes & Gray, Ray accepted Roscoe Trimmier’s assurances that Ropes ‘does not see black and white, only shades of Ropes & Gray.’”

That’s paragraph 75 from the latest complaint filed by John H. Ray III, a 2000 graduate of Harvard Law School and an African-American man, against his former employer, Ropes & Gray. According to Ray, the firm, after initially embracing him with open arms, turned on him. Ray claims that he was subjected to racial discrimination and retaliation, which made his time at the firm more painful than pleasurable. And, unlike Anastasia Steele of Fifty Shades of Grey (affiliate link), Ray did not enjoy the alleged abuse.

When we first wrote about Ray, he was proceeding pro se against Ropes & Gray. Now he has hired counsel — an experienced employment-discrimination litigator who has appeared before in these pages.

Let’s find out who’s representing John Ray, and take a closer look at the complaint — which features an Above the Law shout-out, interestingly enough….

double red triangle arrows Continue reading “Lawsuit of the Day: Fifty Shades of Ropes & Gray”

As you will see, it’s not all about the money in life: it’s about health, love, respect, happiness and then at some point about the money, which is the only thing that will survive all of us.

Emel Dilek, the pulchritudinous plaintiff who is suing her former employer for breach of contract. Dilek was the mistress of the company’s former chief operating officer, who hired her; after he passed away, the company fired her.

(A closer look at this sexy plaintiff and her salacious suit, including some rather amusing deposition excerpts, after the jump.)

double red triangle arrows Continue reading “Quote of the Day: A Material Girl in a Material World”

Hey boss, plz stop thnx.

* Global agribusiness group Monsanto Co was awarded $1 billion in a patent infringement case against DuPont for improperly duplicating some kind of crazy seed technology. [New York Times]

* For particularly thick-headed employers who don’t understand it’s a bad idea to ask employees for Facebook passwords, now Illinois will fine them $200 for doing so. [Chicago Tribune]

* A federal judge in Washington sanctioned well-known plaintiff’s attorney Joy Ann Bull for filing grossly inflated fee statements. She was consequently asked to resign her partnership at Robbins Geller Rudman & Dowd. Welcome to the breadline! [LegalNewsline]

* Should a trial judge who is a Brooklyn Law grad recuse himself from a case against Brooklyn Law filed by Brooklyn Law alumni? Meh… [National Law Journal]

* As Ralph Baxter nears retirement, who will be chosen to lead Orrick, Herrington & Sutcliffe? [Am Law Daily]

* The Ninth Circuit already issued an injunction against Arizona’s new late-term abortion ban. Like they say, it’s all about shakin’ hands and killing kissin’ babies. [Thomson Reuters News & Insight]

* The psychiatrist James Holmes was seeing at the University of Colorado was so alarmed by his behavior sometime before his alleged shooting spree that she notified the school’s “threat assessment team,” but apparently nothing was done. Looks like someone missed the assessment boat, by like, and ocean or two. [Denver Post]

Ideally, prosecutors can afford a bed instead of just a park bench.

Did you hear the one about prosecutors going on strike? No? Me either, until now. A county DA’s office in the San Francisco suburbs announced this week they are considering striking to protest new, unpopular labor contract.

As David Lat said when I told him about the story, “Wow, that’s wild.” The idea of prosecutors going on strike struck Lat as comparable to the prospect of police officers going on strike.

Why exactly does the prosecutor’s office feel like a walkout might be justified? Maybe being “the most understaffed, overworked prosecutorial unit in the Bay Area” has something to do with it…

double red triangle arrows Continue reading “Bay Area Prosecutors Consider Going on Strike. Yeah, Seriously.”

Where's Waldo? In court, apparently.

* Jason Cai, the software engineer convicted in the spring of murdering a young attorney, was sentenced today to life in prison without parole and ordered to pay more than $700,000 to the slain woman’s family. [Mercury News]

* An appeals court revived a discrimination lawsuit filed by a woman against her employer. And nobody cares. Wait, hold on a sec. Her employer is the Equal Employment Opportunity Commission. What, what, whaaaat? [WSJ Law Blog]

* James Holmes, the man accused of last week’s movie theater shooting spree, has been formally charged with 142 criminal counts. They include 24 counts of first-degree murder and 116 counts of attempted murder in the first degree. [Courthouse News Service]

* The Twinkie defense is so played out. Now, courtesy of an ex-Citigroup employee, introducing the brand spanking new “Where’s Waldo” defense. [Reuters]

* India’s largest and oldest television network has accused Nielsen of violating the FCPA by manipulating viewership data in favor of networks that offer bribes. Say it ain’t so! [Hollywood Reporter]

* Chick-fil-A, free speech, zoning laws, and homophobia — all thrown together onto a failure pile in a sadness bowl. Noted First Amendment lawyer Marc Randazza, counsel to ATL, takes to CNN to educate the masses. [CNN]

Back in September 2011, we mentioned to our readers via Morning Docket that Ronald Kratz II, a 680-pound man, had allegedly been fired because he was too fat. At that point, the Equal Employment Opportunity Commission had stepped in to sue on this gentleman’s behalf, because apparently his employer perceived his size as a disability.

Now, almost one year later, we’ve got an update on the status of Kratz’s lawsuit. His settlement check is almost as large as he was at the time he was terminated….

double red triangle arrows Continue reading “You Can Be Fired for Being Too Fat, But You Might Collect a Fat Settlement Check, Too”

When it comes to employment-related lawsuits, we’ve seen some pretty wild allegations. In the past several years, a handful of women have alleged that they were terminated because they were simply “too hot.” While Debrahlee Lorenzana was told allegedly that she had to stop wearing sexy clothing because it distracted her coworkers, Lauren Odes was allegedly told that her breasts were “too large,” and that she needed to put on more clothing to cover them.

Being told to change your style of dress or put on more clothing to keep your job is one thing, but what about stripping out of your clothing just to get hired? That would be normal for a strip club, but unfortunately, the plaintiff in this case wasn’t trying to bump and grind on a greased-up pole….

double red triangle arrows Continue reading “Want to Get Hired? Just Take Off Your Shirt!”

The FDA's central office?

Forget the vast right-wing conspiracy. Forget the secret Communists hiding out in America. Over the weekend, the New York Times unleashed a massive article blowing the lid off the scariest conspiracy of them all: the secret Food and Drug Administration surveillance conspiracy.

Apparently, the FDA has been spying on some of its scientists, seeking out “enemies” of the agency, reading scientists’ private correspondence with everyone from journalists to attorneys to Barack Obama, taking screenshots of their personal computers, and more. The agency is facing accusations of privacy and whistleblower violations, and the scandal is so absurd that one senator has called the FDA the Gestapo.

Extra, extra, read all about it…

double red triangle arrows Continue reading “The FDA Should Probably Leave Spying to, You Know, Real Spies”

Page 13 of 231...91011121314151617...23