Legal Funding Blog

How to avoid ageism when recruiting new talent

In a twist of irony, older workers with decades of experience and expertise are still finding themselves overlooked and undervalued by recruiters and hiring managers.

According to a study conducted by the University of California, Irvine, workers over 40 are only about half as likely to get a job offer than younger employees — but their age is not the only detrimental factor. Unconscious biases about their experience and the expectations that come with it may disqualify them from the get-go, says Jill Chapman, senior performance consultant at Insperity, an HR administrative services company.

“As a recruiter for most of my career, I hear things like, ‘I need a college grad to do this, or I want somebody with just a couple of years of experience,’” says Chapman. “You’re forgetting about a whole pool of people who would be very good at what you’re looking for.”

Older employees face many hurdles when it comes to the

FDA orders JUUL to remove all vaping products from the market

The Food and Drug Administration on Thursday ordered vaping giant JUUL to remove its remaining products from the market, after roughly two years of reviewing the company’s applications.

The agency cited “insufficient and conflicting data” about the potential for leaking chemicals from JUUL e-liquid pods, which it said precluded its ability to complete a proper risk assessment.

“The FDA is tasked with ensuring that tobacco products sold in this country meet the standard set by the law, but the responsibility to demonstrate that a product meets those standards ultimately falls on the shoulders of the company,” Michele Mital, acting director of the Center for Tobacco Products, said in a statement. “As with all manufacturers, JUUL had the opportunity to provide evidence demonstrating that the marketing of their products meets these standards. However, the company did not provide that evidence and instead left us with significant questions.”

Judge Orders Mediation Talks In 3M Earplug MDL

In order to prevent district courts from being overwhelmed with 3M military earplug cases, the judge overseeing the nation’s largest multidistrict litigation in U.S. history has ordered 3M and plaintiffs’ attorneys to begin mediation talks next month.

The order, issued June 10 by U.S. District Judge Casey Rogers, stated that the MDL is at a “critical juncture,” Law360.com reported. After 16 bellwether cases involving 19 plaintiffs have been tried, Judge Rogers implied that all the necessary evidence has been presented to predict the outcome of future litigation.

“At this stage, there can be no reasonable dispute that the litigants in this MDL have more data points about individual claims, and the broader whole, than any other litigants in the country,” Judge Rodgers wrote, adding that district courts will be burdened by the ongoing litigation if no settlement is reached, with over 230,000 cases with hearing damage claims still outstanding.

Nearly 300,000 plaintiffs, mostly U.S. military veterans

Categories MDL

Massachusetts Healthcare Provider to Pay $4.6 Million to Resolve False Claims Act Violations

The Office of Massachusetts Attorney General Maura Healey announced on June 21 that Pathways of Massachusetts, which was an “outpatient behavioral health provider,” and its former corporate parent Molina Healthcare, Inc., will pay $4.6 million to resolve allegations of False Claims Act violations. Four whistleblowers spurred the case with a qui tam lawsuit filed in the U.S. District Court of Massachusetts, U.S. ex rel. Collins, et al. V. Molina Healthcare, Inc., et al.

The qui tam provisions of the False Claims Act enable private citizens to file lawsuits on behalf of the government if they know of an individual or company defrauding the government. Qui tam whistleblowers are eligible to receive between 15 and 30% of the government’s recovery, if one occurs.

The whistleblowers, who were all former employees at Pathways and worked there between 2014 and 2018, alleged in their lawsuit

Supreme Court to Review DOJ’s Authority to Dismiss False Claims Act Whistleblower Suits

On June 21, the U.S. Supreme Court granted certiorari in United States, ex rel. Polansky v. Executive Health Resources, Inc. The Court agreed to hear the case which concerns the issue of whether or not the U.S. government can dismiss False Claim Act whistleblowers’ qui tam suits after initially declining to intervene in them. The case also concerns what standard applies to such a dismissal if the DOJ does have such authority. There is currently a clear and intractable conflict in the circuits on this important statutory question.

Under the False Claims Act, individual whistleblowers may bring qui tam lawsuits against fraudsters on behalf of the U.S. government. The Department of Justice (DOJ) has the opportunity to intervene in qui tam suits and take over the proceeding. However, when DOJ declines to intervene in and litigate the qui tam case the statute permits the whistleblower to pursue the case in the name of the United States and to litigate the case against the defendant in federal court.

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