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Angel Medical Center to Pay $85,000 to Settle EEOC Disability Discrimination Suit

Hospital Failed to Accommodate and Then Fired Nurse Undergoing Cancer Treatments, Federal Agency Charged - ASHEVILLE, N.C. - Angel Medical Center, Inc., a full-service critical access hospital located in Franklin, N.C., will pay…more

Ninth Circuit Rejects Use of Preemptive Litigation to Validate Federal Approvals

Shell Gulf of Mexico, Inc., v. Center for Biological Diversity, (11/12/14, No. 13-35835) The Ninth Circuit has rejected a “novel litigation strategy” that Shell Gulf of Mexico, Inc., employed in an effort to preempt a possible…more

Illinois Supreme Court Reinstates Attorney General's Appeal from Illinois Commerce Commission Order

On Thursday morning, the Illinois Supreme Court resolved a confused issue in utilities law, holding unanimously in The People of the State of Illinois ex rel. Madigan v. Illinois Commerce Commission that the 35-day period provided by…more

The New Product Liability Paradigm In Pennsylvania: The PA Supreme Court Declines To Adopt The Third Restatement, But Overrules Precedent Prohibiting Consideration Of Negligence Principles In Strict Liability Cases

The Pennsylvania Supreme Court this past week dramatically altered the landscape of product liability litigation in Pennsylvania. In Tincher v. Omega Flex, Inc., No. 17 MAP 2013 (Pa. November 19, 2014), the Court overruled…more

EEOC Wellness Program Suits Highlight Need for Agency Guidance

The EEOC has been pursuing litigation against wellness programs of late, arguing that certain health plan penalties render participation in wellness program health screens ”involuntary” and thus violate Americans with Disabilities Act…more

Student Injury Case: Did the Governmental Immunity Defense Just Get Weaker?

Predictable horseplay and a metal locker with an exposed, jagged and rusty edge may be enough evidence for a jury to conclude that school officials had a “clear and unequivocal duty to act immediately to prevent harm” to students. This…more

Genetic Technologies Ltd. v. Laboratory Corp. of America Holdings (D. Del. 2014)

Another district court (actually, a magistrate judge) has succumbed to the siren song, or drank the Kool-Aid, or (fill in your favorite Apocalyptic metaphor here) of applying the Supreme Court's Mayo v. Prometheus decision in ways not…more

Bridging the Week - November 2014 #4

Broker-Dealer and Two Senior Officers Fined US $2.5 Million for Market Access Violations - Wedbush Securities Inc. and two senior officers resolved an enforcement action previously filed against them during June 2014 by the…more

Is the Issue of Whether Pilots Are ‘Professionals’ for Purposes of Wage and Hour Laws Still up in the Air? You May Be Surprised at How This Alaska Ruling Could Affect All Employers.

In a recent decision, the Alaska Supreme Court held that a pilot was not an exempt professional under the Alaska Wage and Hour Act, which is patterned after the federal Fair Labor Standards Act. Although decided under Alaska law on the…more

Implementing Directive 2011/83/ EU Into Italian Law

Italy implemented the Consumer Rights Directive by adopting the Legislative Decree no. 21 of February 21, 2014 effective from June 13, 2014 which amended the Italian Consumer Code. The new rules apply to any contract concluded…more

President's Immigration Executive Action Will Impact Employers

On November 20, 2014, President Obama announced executive action to allow millions of undocumented immigrants to remain in the United States temporarily and apply for work authorization. This executive action also includes improvements…more

Cybersecurity Litigation Monthly Newsletter

In August, Paytime, Inc., a payroll services company, moved to dismiss a putative class action filed in the wake of a data breach in which the personal and financial information of more than 230,000 people was compromised. Paytime…more

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