Civil Rights › Civil Procedure › Conflict of Laws

EEOC Makes Protecting Rights Of LGBT Workers A Top Priority

As the debate over gay marriage continues to intensify throughout the country, so does the issue of workplace rights for the lesbian, gay, bisexual and transgender (LGBT) community. LGBT workers currently face substantial...more

Appellate Court: Tenured Teachers May be Terminated for “Disability” Without Violating CFEPA

The Connecticut Appellate Court yesterday released two notable employment law decisions. They won’t become “official” until April 30, 2013, so you have some time to digest them. I’ll cover one today and leave the other for a...more

Supreme Court Poised To Consider Additional Basis For Age Discrimination Claims

The Supreme Court may soon resolve a split among the appeals courts as to whether filing a charge under the Age Discrimination in Employment Act (ADEA) with the Equal Employment Opportunity Commission (EEOC) is the sole...more

New York Appeals Court Applies Liberal Standard in Reinstating a Sex Bias Claim Under the City Human Rights Law

In a recent decision from the Appellate Division, First Department, a unanimous panel reinstated claims asserted by three plaintiffs under the New York City Human Rights Law (“NYCHRL”). The plaintiffs in Hernandez, et al. v....more

LIttle Nell, et. al. v. City of Houston, et. al.

Immunity and Jurisdictional Drainage Fee Flow Chart

Jurisdictional Flow Chart created in response to a Plea to the Jurisdiction filed by the City of Houston and Daniel Krueger, in his official capacity, claiming the 129th District Court of Harris County, Texas, has no...more

Revolution in Disputes Between Hospitals and Their Physicians?

Originally published in the Daily Journal on August 24, 2012. A new decision of the state Court of Appeal last week may change the way disputes between hospitals and their privileged physicians will play out. In Fahlen...more

Third DCA Holds that Florida Civil Rights Act Does Not Prohibit Pregnancy Discrimination, Certifies Conflict with 4th DCA

Florida’s Third District Court of Appeal is the latest appellate court in Florida to rule that the Florida Civil Rights Act (“FCRA”) does not prohibit pregnancy discrimination. In Delva v. The Continental Group, Inc.,...more

Employers May Not Be Entitled to Full Disclosure of Potential EEOC Class Action Before Suit Is Filed

Employers often expect that, before the EEOC can expand a single-employee EEOC charge into a class action lawsuit, the EEOC must explain the scope of any potential class action and offer an employer the opportunity to resolve...more

Discharge of Pilot Arrested for Drug Possession Did Not Violate ERISA

The Eighth Circuit Court of Appeals recently upheld a federal trial court's determination that a pilot's ERISA lawsuit based on his termination was not precluded by the Railway Labor Act (RLA) and that the employer did not...more

Airline Managment Newsletter - August 2011

In this issue: Sixth Circuit Clarifies Employee's Burden of Proof for ADA Association Discrimination Claim Under the Distraction Theory; Wrongful Discharge Claim Preempted by the RLA; Former Airline Employee's Disability...more

Inherent Powers of Civil Courts to do Justice

In this Article I am dealing with the inherent powers of the civil Courts to do justice. The Courts existed even when there was no written statue on the fundamental principle to do justice and to amicably settle the matter....more

Phinessee v. Young Touchstone

Supplemental Brief discussing whether the Tennessee Supreme Court's decisions in Gossett and Kinsler (rejecting McDonnell Douglas)...

On September 20, 2010, the Tennessee Supreme Court issued two opinions rejecting application of the McDonnell Douglas burden-shifting analysis to state law retaliatory discharge claims: Gossett v. Tractor Supply Company, and...more

United Kingdom and European Union: Legal Professional Privilege and In-house lawyers

The Court of Justice of the European Union has confirmed in its judgment in the case of Azko Nobel Chemicals Ltd and Akcros Chemicals Ltd -v- European Commission that legal professional privilege does not attach to...more

Improbidade administrativa e a atuação do Ministério Público

A Constituição Federal vigente, estruturando as bases do Estado Democrático de Direito, constitucionalizou os princípios fundamentais da Administração Pública brasileira, ao...more