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Eleventh Circuit Sustains Award To Employer In Whistleblower Case

In a warning to plaintiffs’ counsel who seek emotional distress damages for alleged whistleblower retaliation under Florida law, the Eleventh Circuit in Smith v. Psychiatric Solutions, Inc., 750 F.3d 1253 (11th Cir. May 6,...more

Employment Reform Legislation Passes Tennessee Legislature

On April 16, 2014, the Tennessee General Assembly, at the urging of Baker Donelson, passed significant employment litigation reform that will benefit employers throughout Tennessee. The bill places caps on compensatory...more

California Employment Law Notes - March 2014

$150,000 Sexual Harassment Verdict And $680,000 Fee Award Affirmed - Taylor v. Nabors Drilling USA, LP, 222 Cal. App. 4th 1228 (2014) Max Taylor worked as a floorhand on an oil rig where he alleged he was...more

California Employment Law Notes - November 2013

Employer Was Entitled To "Substantial Motivating Factor" Jury Instruction - Alamo v. Practice Mgmt. Info. Corp., 219 Cal. App. 4th 466 (2013) - In one of the first appellate opinions to consider the new jury...more

NJ Supreme Court Clarifies Employee “Protected Activity”

The ruling provides guidance as to what employee conduct is protected under the antiretaliation provisions of two key state laws. On July 17, the Supreme Court of New Jersey issued a decision in Battaglia v. United...more

Inmates Claim County is Depriving Them of Basic Medical and Mental Health Care - Similar Lawsuits Expected to be Filed as Counties...

Inmates in the Riverside County jails served a federal class-action lawsuit last week, claiming the county is subjecting them to cruel and unusual punishment by depriving them of basic medical and mental health care. Among...more

Bartenders Who Kill

Picture this: Four 20-something, young males out on the town celebrating whatever twenty-something males celebrate. They enter Jack's Cantina and Brewery, a place known for wild parties and even wilder patrons, with the...more

7th Circuit Extends Bivens Civil Rights Actions to Brady Violations

This week we examine the hugely important 7th Circuit case Engel v. Buchan that found that the violations of the Brady v. Maryland right requiring a prosecutor to disclose potentially exculpatory evidence to a criminal...more

School District’s Actions To Stop Bullying Not Enough To Avoid $1 Million Damages In Student-On-Student Harassment Case

In Zeno v. Pine Plains Central School District, the school district lost its challenge to a $1 million damage award for student-on-student harassment. Former student Anthony Zeno prevailed at trial against his school district...more

Audio Recording of Police in Action Found to Be Protected Right under 1st Ammendment

Audio Recordings of Police Are Protected By First Amendment According to Two Different Courts Of Appeal. The U.S. Supreme Court on Monday delivered a blow to Illinois’ 50-year-old anti-eavesdropping law according to trial...more

Supervisors and Managers May Be Personally Liable for Wrongful Discharge

In a case of first impression, the Supreme Court of Virginia declared on November 1, 2012, that a supervisor can be personally liable when the supervisor participates in the wrongful discharge of an employee. This case,...more

If the topless pictures of Kate Middleton were taken in Massachusetts, would she have had a legal claim under Massachusetts law...

If you believe you may have a claim for violation of your privacy rights or are a party to a court case that involves the right to privacy, you may what to give this post a read. Contact: George E. Bourguignon, Jr.,...more

LEGAL BYTE: Are boys and girls different?

This LEGAL BYTE asks and answers the question: What if an apartment owner restricts his tenancies and refuses to rent to families with the “wrong kind” of children? Will such discrimination be tolerated in California? ...more

Frederick Place Chambers Employment Law Newsletter

Stay up to date with current case law, opinion and Chambers news, all in a handy newsletter!...more

If in Doubt, File the Complaint for Limitation of Liability

One of the recurring issues in handling maritime wrongful death and personal injury claims is determining what information is sufficient to start the vessel owner’s six-month deadline to file a complaint seeking...more

Prescriptive Periods in the UAE: Limitation periods for initiating legal proceedings under UAE law

Commentary on prescriptive periods (statutes of limitation) in the UAE as published in The Oath...more

Deon Gentry v. Wayne County Deputy Sheriff Daniel Carmona

Michigan Court of Appeals Issues Definitive Ruling Protecting Law Enforcement Officers in "Excessive Force" Shooting Case

In the wake of the Michigan Supreme Court’s pinnacle decision in Odom v. Wayne County, 482 Mich 459 (2008), which I briefed and argued, the Michigan Court of Appeals had yet to address the difficult case involving...more

Hamed v. Wayne County et al.

Michigan Supreme Court Overrules Champion and Holds that Employers Are Not Liable for Unforeseeable, Intentional Criminal Acts...

In a case I briefed and argued in January, the Michigan Supreme Court today issued a 4-3 decision, reversing a published Court of Appeals decision and overruled the 1996 decision of Champion v Nationwide Security Inc, 450...more

Hamed v. Wayne County et al.

Michigan Supreme Court Overrules Champion in Hamed v Wayne County Holding Employers Not Liable for Unforeseeable, Intentional...

In a case I briefed and argued in January, the Michigan Supreme Court today issued a 4-3 decision, reversing a published Court of Appeals decision and overruled the 1996 decision of Champion v Nationwide Security Inc, 450...more

Norris v Police Officers of Lincoln Park et al

Michigan Court of Appeals Continues to Refine and Apply Odom v Wayne County to Law Enforcement Officers' Discretionary Arrest...

The Michigan Court of Appeals continues to apply the decision I secured from the Michigan Supreme Court in Odom v Wayne County to further define and strengthen the discretionary arrest powers that law enforcement officers...more

Dividing Attorneys' Fees Pro Rata by Number of Claims May Not be Sufficient

In Harris v. Maricopa Count Superior Court, the Ninth Circuit remanded an attorneys' fee award back to the District Court when defendants and the lower court allocated fees to the prevailing defendant by determining which...more

EMPLOYERS BEWARE! Questioning an Employee Concerning Potential Misconduct May Lead to Claims of False Imprisonment

This is a summary of how a claim of false imprisonment can arise from the investigation of employee misconduct and some practical tips for every employer. ...more

Punitive Damages

While the civil justice system almost never concerns itself with punishing wrongdoing, instead focusing on compensating victims for harm they suffer, there are some cases where civil courts take it upon themselves to deter...more

HOW TO FILE A CIVIL RIGHTS COMPLAINT

This document shows HOW TO file a civil rights complaint for discrimination....more

CASE RESOULUTION FORM FOR CIVIL RIGHTS INVESTIGATIONS

This document provides guidelines for those whose civil rights have been violated and what appropriate remedies are available to patient/client....more

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