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The National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo has issued another controversial memo asserting that overbroad non-compete agreements violate the National Labor Relations Act (NLRA). The memo contends that these agreements can weaken employees’ leverage and bargaining power by limiting access to other employment. Abruzzo’s memo focuses on non-compete agreements that are “overbroad”… read more

SIGNIFICANT CASE SUMMARIES Federal Case Summary Johnson v. Keane Group Holdings, LLC United States District Court for the Middle District of Pennsylvania No. 4:20-CV-00491 Decided: May 3, 2023 A finding of gross negligence does not require evidence of recklessness. Background This matter arose out of a contract dispute between Seneca Resources Company, and Patrik’s Water… read more

SIGNIFICANT CASE SUMMARIES Pennsylvania Case Summaries Franczyk v. The Home Depot, Inc. Pennsylvania Supreme Court No. 11 WAP 2022 Decided: April 19, 2023 The exclusivity provision of the Workers’ Compensation Act precludes an employee from pursuing a tort claim against her employer, despite affirmative conduct that impedes the employee’s ability to seek relief against a… read more

SIGNIFICANT CASE SUMMARIES Washington, DC Case Summary Khan v. Orbis Bus. Intelligence Ltd. District of Columbia Court of Appeals No. 21-CV-0283, No. 21-CV-0440 Decided: April 13, 2023 In an Anti-SLAPP suit, a defendant is still entitled to litigation costs, including attorney’s fees, when successful on a special Motion to dismiss even if the plaintiff filed… read more

SIGNIFICANT CASE SUMMARIES Virginia Case Summary Norman v. Leonard’s Express, Inc. United States District Court for the Western District of Virginia No. 7:22cv00096 Decided: April 21, 2023 Court excludes life care expert report because it impermissibly rendered medical opinions. Background Plaintiff, Yvette Norman, was involved in a serious motor vehicle collision with Julian Kaczor, who… read more