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Federal government has absolute right to nix qui tam settlements, even without intervening

February 16th, 2017

By Lisa Milam-Perez, J.D.
Addressing an issue of first impression in a case before it on interlocutory appeal, the Fourth Circuit affirmed a district court’s holding that the U.S. Attorney General could object to a proposed settlement in a qui tam action even when the government has chosen not to intervene in the case. The appeals [Read more...]

Anti-SLAPP law protects use of ‘ni**a’ in movie’s creative process

February 16th, 2017

By Lorene D. Park, J.D.
Granting actor/producer Marlon Wayans’ motion to strike claims by a movie extra that Wayans’ comparing him to a cartoon character, making fun of his afro, and repeatedly calling him “ni**a” created a racially hostile work environment and caused emotional distress, among other claims, a California Court of Appeals agreed with a [Read more...]

NLRB again finds union failed to provide sufficiently verified expenditure info to Beck objector

February 16th, 2017

By Ronald Miller, J.D.
On a motion for reconsideration, a three-member panel of the NLRB again found that a union violated its duty of fair representation by failing to provide sufficiently verified expenditure information to a Beck objector. In this instance, the union’s accountant only reviewed expenditure information provided by the union’s officials, and did not [Read more...]

NLRB under the microscope at HELP subcommittee hearing

February 16th, 2017

By Pamela Wolf, J.D.
On February 14, the House Subcommittee on Health, Employment, Labor, and Pensions, chaired by Representative Tim Walberg (R-Mich.), held a hearing entitled, “Restoring Balance and Fairness to the National Labor Relations Board.” The Board was criticized under the Obama Administration for becoming more employee and union friendly, and conversely, less friendly to [Read more...]

‘Resistance’ to retaliatory investigation does not break causation in cat’s paw claim

February 15th, 2017

By Joy P. Waltemath, J.D.
It was clear error for a district court to accept a magistrate’s report and recommendation that although the investigation and ultimate discharge of a machinist were motivated by retaliation for his admittedly protected race discrimination complaint, the machinist’s partial noncooperation and lying during that investigation somehow broke the chain of causation [Read more...]