Friday, March 29, 2013

Supreme Court Rejects Class Action Against Comcast

In a decision issued March 27, 2013, the Supreme Court, by a 5-4 vote, rejected an antitrust class action suit filed by Comcast subscribers. The case has clear implications for how employers may defend against class actions.

Wednesday, March 27, 2013

Paley Rothman’s Employment Law Group Receives Top Honors

We don't often toot our own horn, but we are thrilled that U.S. News & World Report has recognized our employment law and employment litigation work, both nationally and locally in the Washington D.C. metro area. It’s gratifying knowing that we’re ranked as high or higher than the six national firms that received this ranking with us. Check out our rankings here.

Tuesday, March 26, 2013

Court Finds Restrictive Arbitration Clause Unenforceable

For the many companies that utilize arbitration clauses in their independent contractor agreements or employment agreements, a recent decision from the U.S. District Court for the Eastern District of Virginia serves as an important reminder of the care that must be taken in crafting these provisions. Otherwise, what was meant to provide a cost-savings mechanism for dispute resolution may end up actually increasing litigation expenses significantly. As this case demonstrates, the litigants spent substantial time (and no doubt expense) litigating the enforceability of the arbitration provision even before getting to the merits of the case.

EEOC Sues Toys “R” Us for ADA Discrimination

The Equal Employment Opportunity Commission (EEOC) took a rare action on March 12, 2013, filing suit against Toys “R” Us under the Americans with Disabilities Act (ADA) for failure to provide a reasonable accommodation to, and failure to hire, a profoundly deaf job applicant. The statistics highlight how rare this suit really is: In 2012, the EEOC received 99,412 charges alleging some form of employment discrimination. Of those 99,412 charges, the EEOC brought merit suits in just 122 cases. Only 45 involved ADA claims.