Labor & Employment Dispatch: July 2022

July 7, 2022 | Newsletters

INSIGHTS

Supreme Court Addresses Federal Arbitration Act’s Residual Clause, But Circuit Split Remains Regarding Personal Jurisdiction in FLSA Cases

By Lionel Schooler, David Schlottman, & Michael Drab | The Supreme Court has addressed two cases involving employment law issues. The Court’s significant opinion in Southwest Airlines Co. v. Saxon regarding the scope of the residual clause contained in Section 1 of the Federal Arbitration Act (FAA) garnered most of the headlines. But the Court also rejected a petition for review filed by Day & Zimmermann involving personal jurisdiction in federal question cases arising under the Fair Labor Standards Act (FLSA), leaving intact a ruling from the First Circuit that could have a significant impact on employer’s faced with FLSA lawsuits filed in that jurisdiction.

U.S. Supreme Court to Decide Standard for DOJ Dismissal of Qui Tam Cases

By Laura M. Kidd Cordova & Jennifer S. Freel | Does the federal government have the authority to dismiss a False Claims Act (FCA) suit after initially declining to intervene? And what standard should courts apply to a government motion to dismiss a whistleblower suit? The Supreme Court has granted certiorari in United States, ex rel. Polansky v. Executive Health Resources, Inc. (No. 21-1052), a case examining whether the U.S. Department of Justice – after declining to prosecute a qui tam action – has the authority to dismiss the action, and if so, what standard applies to the motion to dismiss.

CLIENT RESULT

Jackson Walker Obtains Employment Arbitration Win

Manny Schoenhuber and Dawn Holiday led the representation of a German manufacturer of mobile electrification products as the respondent with a counterclaim in an employment arbitration tribunal by the American Arbitration Association. On May 20, 2022, the arbitrator awarded the client, who was the respondent in the counterclaim, the full amount presented in the damages model, including pre- and post-judgment interest and attorneys’ fees.

NEWS & HIGHLIGHTS

Congratulations to Our Chambers-Ranked Team

Jackson Walker was ranked among the top firms in Texas in the area of Labor & Employment. In addition, John Jansonius was ranked among Band 1 of the top Texas Labor & Employment attorneys, and David Schlottman was recognized as an Up and Coming attorney in the area.

Diversity and Inclusion at the Largest Law Firm in Texas: How DEI Transformed the Culture at Jackson Walker

Transformational change is possible, even at a 135-year-old Texas law firm. The Diversity Movement featured Suzan Kedron and Chad Cole as they discussed the Firm’s commitment to diversity and inclusion.

These materials are made available by Jackson Walker for informational purposes only, do not constitute legal advice, and are not a substitute for legal advice from qualified counsel. The laws of other states and nations may be entirely different from what is described. Your use of these materials does not create an attorney-client relationship between you and Jackson Walker. The facts and results of each case will vary, and no particular result can be guaranteed.

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