In the News

This Is What Happens When You Try to Sue Your Boss

From Bloomberg: 1/24/2019.

"Millions of American workers sign away legal rights without knowing what they’re in for: Arbitration Hell."

Read the full article here.

No, Companies That Force Workers to Sign Away Their Right to Sue Are Not LGBTQ-Friendly

From Slate: 1/23/2019.

"The HRC will soon release its influential 2019 Corporate Equality Index, which scores companies on their corporate nondiscrimination policies for LGBTQ employees. But the index’s often-controversial criteria has a curious flaw: It doesn’t consider whether companies require employees to sign contracts with “forced arbitration clauses,” a legal loophole that waives workers’ right to sue over illegal treatment at work, like being denied overtime wages or getting fired for being queer or trans."

Now is the time for the SEC to protect defrauded investors

From The Hill: 12/26/2018.

"It is not just defrauded investors who are harmed when shareholder fraud cases are curtailed. SEC leaders from both parties have long maintained that private lawsuits serve as an essential supplement to the commission’s enforcement actions, both as a mechanism for compensating the victims of fraud and as a deterrent to violating the law."

Read the full article here.

Johnson & Johnson Drafted Into Fight Over Shareholder Lawsuits

From the Wall Street Journal: 12/13/2018.

"Supporters of mandatory arbitration say it would save companies money and time, arguing arbitration would be faster and less expensive than grinding out federal lawsuits involving thousands of investors. Proponents argue that class-action access to the courts is vital for holding corporations and executives accountable to shareholders."

Read the full article here.

Does Delaware law preclude mandatory arbitration of federal securities claims?

From Reuters: 11/8/2018.

"Shareholder rights activists, meantime, are preemptively arguing that mandatory shareholder arbitration is illegal. The consumer advocacy group Secure Our Savings, for instance, has just released a white paper in which 21 of the most eminent securities law professors in the country contend that Delaware law does not allow corporations to frog-march shareholders into arbitration of their claims under federal securities law."

Google Overhauls Sexual Misconduct Policy After Employee Walkout

From the New York Times: 11/8/2018.

"Google said on Thursday that it would end its practice of forced arbitration for claims of sexual harassment or assault after more than 20,000 employees staged a walkout last week to protest how the internet company handles cases of sexual misconduct."

Read the full article here.

North Carolina Green Beret fighting cancer, government, over medical mistake

From FOX 46 Charlotte: 11/5/2018.

"But the case is unlikely to make it to trial. That's because under a 1950 Supreme Court decision, called the "Feres Doctrine," active duty military are prevented from suing the government for injuries incidental to military service. If Stayskal was a civilian he would have the right to sue for medical malpractice. Because he was active duty, he can't."

Losing Laura

From the Boston Globe: 11/3/2018.

"My wife, Laura Levis, did everything she could to save herself when the asthma attack began. She went to Somerville Hospital and called 911, too. How could she have been left to die just outside the emergency room?"

Read the full article here.

US steps up scrutiny of funds for asbestos exposure victims

From the Associated Press: 10/31/2018.

"But plaintiffs’ lawyers and asbestos victims’ advocates say there’s scant proof of widespread fraud, particularly for a system that has accommodated millions of claims."

Read the full article here.

Texas leads in penalized nursing homes

From the San Antonio Express-News: 10/11/2018.

"Lawsuits against nursing homes are down because Texans have been stripped of legal rights. Yet Texas is second in the nation for serious deficiencies per nursing home."

Read the full article here.

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