Published: February 8, 2013
Tags: chronic traumatic encephalopathy, collective bargaining agreement, concussion litigation, concussions, multidistrict litigation, National Football League, NFL, wrongful death
The name of another high-profile player was recently added to the concussion-related litigation against the National Football League.
Federal labor law does not preempt a disability discrimination claim filed by a UPS worker suffering from a serious back injury, the 6th Circuit has ruled in reversing a dismissal.
Costco could not enforce a social media rule prohibiting employees from posting online statements that damaged the wholesaler’s reputation, the National Labor Relations Board has decided in rejecting an administrative judge’s findings.
The terms of a collective bargaining agreement did not waive a union member’s right to bring an individual lawsuit for Title VII employment discrimination, the 5th Circuit has ruled in reversing a summary judgment.
Former DuPont employees cannot sue the company for fraud because they were at-will, even though they were covered by a collective bargaining agreement that said they could not be fired “except for just cause,” the 5th Circuit has ruled.
An outside party to a collective bargaining agreement can’t be sued in court for tortious interference – a mandatory arbitration clause in the contract does not apply, the U.S. Supreme Court has ruled in affirming a decision from the 9th Circuit.
What happens when a dispute arises with a party who is a not a signatory to a collective bargaining agreement? Can that outside party be sued in court for tortious interference, or does the mandatory arbitration clause in the contract still apply?
An employer’s grant of retroactive seniority to settle a disability suit may be enforced, even though the remedy may have been contrary to a governing collective bargaining agreement, Massachusetts’ highest court has ruled.