Legal Resources
Supreme Court Decision Emphasizes Discrimination in Job Transfers
On April 17, 2024, the U.S. Supreme Court issued a pivotal decision in Muldrow v. City of St. Louis, reshaping the legal landscape for job transfer discrimination claims under Title VII of the Civil Rights Act of 1964. This ruling has significant implications for...
PFAS Legislative Developments (August 2024)
August 2024 PFAS Legislative Developments August Legislation Tracking (August 1 – August 31)Current Trends in Legislation – August 2024Federal Legislature No new bills introduced. Federal Regulations There were no significant developments in August. State Legislature...
Challenge Successful: District Court Blocks FTC’s Ban on Non-Compete Agreements
On Tuesday, Judge Ada Brown of the U.S. District Court for the Northern District of Texas issued a nationwide injunction, ruling that the Federal Trade Commission (FTC) lacked the authority to implement a non-compete ban without Congressional approval. In her...
D.C. CIRCUIT COURT UPHOLDS EPA’S ASSESSMENT OF CANCER RISK FROM ETHYLENE OXIDE
Background Ethylene Oxide (EtO) is a reactive chemical widely used as a sterilizing agent for medical equipment that cannot otherwise be sterilized by heat/steam. EtO may also be used as a component for producing other chemicals, including glycol and polyglycol...
The FTC’s Final Rule Banning Non-Compete Agreements Takes Effect on September 4, 2024: What It Means for Employers
In a landmark decision, the Federal Trade Commission (FTC) has finalized a rule banning all non-compete agreements for all employees, with some limited exceptions. This rule seeks to foster fair competition and enhance worker mobility by prohibiting employers from...
Trial Cross Examination Techniques – When and When Not to Ask Why
As a young litigator, I was taught that there are certain rules of cross-examination not to violate: (1) ask only leading questions; (2) refrain from asking “one question too many,” (3) stick to one fact per question; and (4) never ask the “why” question. Although as...
Supreme Court Ruling on Affirmative Action and Impact on Companies’ DEI Programs
In June 2023, the US Supreme Court voted 6-3 in a decision that significantly changed the way colleges and universities used affirmative action in their admissions. The targets of the lawsuit were Harvard University and University of North Carolina for alleged racial...
PFAS Legislative Developments (June and July 2024)
June & July 2024 PFAS Legislative Developments June & July Legislation Tracking (June 1 – July 31)Current Trends in Legislation – June & July 2024Federal Legislature One new bill introduced. Federal Regulations There were no significant developments in...
John Gardella Interviewed On PFAS Chemours Ruling
John Gardella was recently interviewed by Pam McFarland, reporter for Engineering News-Record (ENR) on the 3rd Circuit Court's recent decision to dismiss a legal challenge by Chemours of the EPA's Health Advisory Level for GenX (see our prior article on the Court's...
Canada’s PFAS Regulatory Plan Significantly Broadens Impact On Companies
We previously reported on Canada's efforts to regulate PFAS in drinking water, which at the time were proposed in virtual lock step with EPA's drinking water initiatives (albeit with not as stringent a proposed drinking water level as the United States). Now, though,...
WHO PFAS Drinking Water Recommendations Reverse Course
Roughly two years ago, we reported on the World Health Organization's (WHO) draft recommendations that nations adopt a 100 parts per trillion (ppt) for PFOA and PFOS, and 500 ppt for all testable PFAS types (which at the time were 30 PFAS types). Our prior report...
John Gardella Featured By HB Litigation On PFAS Litigation Trends Webinar
John Gardella recently joined HB Litigation on a webinar entitled “PFAS Litigation: Predicted Trends Given Regulatory Changes”, a CLE certified webinar hosted by Tom Hagy. John discussed the landscape of regulatory changes and upcoming changes, and how these will...