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Massachusetts High Court Examines Disparate Impact Theory in Light of Recent Supreme Court Decision

A ruling last week by Massachusetts' highest state court demonstrates courts' vigorous examination of disparate impact housing claims in light of recent judicial guidance, as well as the type of proactive measures property...more

Claims to Accommodate Flying Spaghetti Monster-ism Hit the Wall in Nebraska Court

On April 12, 2016, a district court in Nebraska rejected the religious accommodation claims advanced by a member of the Church of the Flying Spaghetti Monster.1 In denying the religious accommodation claims, the court was...more

Fourth Circuit Rules that Title IX Extends to Transgender Bathroom Access

On April 19, 2016, the Fourth Circuit Court of Appeals issued an opinion that is likely to have a significant impact on the rights of transgender students. In G.G. ex rel. Grimm v. Gloucester County School Board, No. 15-2056...more

Sixth Circuit Rules that the "Deliberate Indifference" Standard Still Matters in Title IX Harassment Litigation

In Stiles v. Granger County Board of Education, the United States Sixth Circuit Court of Appeals affirmed dismissal of a Title IX lawsuit against a public school district because the alleged victim of harassment and bullying...more

Not all Expressions of Purported Religious Beliefs are Protected by the First Amendment, Cavanaugh v. Bartelt, Docket No....

The Dismissal of Federal and State Civil Right Claims - Federal District Court Declines to Protect the Church of the Flying Spaghetti Monster [FSM] - In an entertaining, thoughtful, and well-reasoned decision the...more

Court Rejects End-Run of Medicare Appeals Rules

The Indiana Health Department sent a team to the Nightingale home health care and hospice group, in response to complaints. When CMS received the team’s report, it notified Nightingale that its Medicare certification was...more

A Closer Look Into Adoptions

The Process Adoption refers to the court process followed to create a legal parent-child relationship where one would not otherwise exist.  To initiate a legal adoption in New Jersey, you must first file a complaint with the...more

The Supreme Court - March 2016 #6

The Supreme Court of the United States issued one decision on March 30, 2016: - Luis v. United States, No. 14-419: Petitioner Sila Luis was charged with various health care related crimes. Pursuant to a federal...more

The High Costs of Violating Puerto Rico’s Breastfeeding in the Workplace Law: Supreme Court Decides Right to Privacy Claim

Protections for breastfeeding employees in Puerto Rico just became even stronger. A recent ruling from Puerto Rico’s highest court in Siaca v. Bahía Beach Resort & Golf Club, LLC, held that failing to provide a safe, private,...more

“Mattress Performance” Title IX Lawsuit Against Columbia Is Dismissed

Last May, a former Columbia University student sued the university over the circumstances around Emma Sulkowicz’s widely publicized “Mattress Project,” in which Sulkowicz vowed to carry a mattress around campus so long as the...more

The Impact of Justice Scalia’s Passing on Pending Supreme Court Cases

The country was shocked to hear of the recent passing of Supreme Court Justice Antonin Scalia. Legal scholars and political commentators have since written extensively on Justice Scalia’s contributions to the legal world and...more

All 'Jiggery-Pokery' Aside: Justice Scalia's Impact on Employment Law

Allow me to be the palate cleanser to Mitch McConnell's shotgun-wedding-esque "memoir" to Justice Scalia. Barely an hour after the Supreme Court announced Scalia's death, McConnell briefly offered his condolences to Scalia's...more

Spokeo Set to Resolve Lingering Questions Over Constitutional Standing

The parameters of Constitutional standing, which have been in flux for decades, are solidifying before our very eyes. In recent months the U.S. Supreme Court has confirmed that a litigant must have a “live dispute” at all...more

Employment Matters Monthly - February 2016

A Note from the Editors - If January was a harbinger of what's in store for 2016, it's sure to be a busy year for HR professionals and employment attorneys. And Employment Matters is certainly here to guide you along the...more

Russian law on the priority of the RF Constitution over resolutions of intergovernmental human rights bodies

On 15 December 2015, Federal Constitutional Law No. 7-FKZ dated 14 December 2015 "On amendments to the Federal Constitutional Law 'On the Constitutional Court of the Russian Federation'" (the "Law") prepared pursuant to...more

Can a Massachusetts Religious School Refuse to Employ a Worker in a Same-Sex Marriage?

In Barrett v. Fontbonne Academy, the Massachusetts Superior Court curtailed various statutory and constitutional defenses available to an employer affiliated with a religious institution that faces discrimination claims under...more

The Door Is Open To Disparaging Trademarks

Federal Circuit Rules § 2(A) of tThe Lanham Act Unconstitutional - Refusal to Register Disparaging Marks Held Unconstitutional - On December 22, 2015, the Federal Circuit in In re Simon Shiao Tam ruled that Section...more

"2015-16 Supreme Court Update"

In its current term, the U.S. Supreme Court is once again poised to address a range of disputes relevant to businesses. These include significant constitutional issues, class action practice and other procedural matters, and...more

What Does 2016 Portend for Labor and Employment Law?

What is on the horizon for labor and employment policy in 2016, the last year of the Obama administration when the president will seek to cement his legacy, and a national election year when the White House and control of...more

U.S. Supreme Court Decision Might Foreshadow Expansion of the Qualified Immunity Defense in Excessive Force Cases

The past several years have seen a slew of high-profile excessive force cases, often highlighted by cell phone or dash-cam video. These cases have placed increasing pressure on local police departments, which continue to...more

Qualified Immunity and Deadly Car Chases: Is the Pendulum Heading the Other Way?

The past several years have seen a slew of high-profile excessive force cases against law enforcement officers, often highlighted by cell phone video. These cases have placed increasing pressure on local police departments,...more

Cities Left on Their Own in Gun Control Ordinances … For Now

The United States Supreme Court recently declined review of a lower court decision upholding a City of Highland Park, Ill. ordinance banning the sale and possession of semiautomatic guns that carry more than 10 rounds of...more

The Drive-by Plaintiff in the Hospitality Industry

July 26, 2015, marked the 25th anniversary of Title III of the ADA (“Title III”). The U.S. Department of Justice (“DOJ”), charged with regulating Title III, is finalizing regulations affecting a variety of industries,...more

Constitutionality of 8(a) Program Reaffirmed

Earlier this year, a judge of the U.S. District Court for the District of Columbia reaffirmed the facial constitutionality of the 8(a) Program in response to a challenge by a small business owner, and he also rejected an...more

District Court Cuts The Cord To Cable Employees’ Discipline And Promotions Class Claims

In a new order issued on November 13, 2015 in Brand, et al. v. Comcast Corp., Case No. 11-CV-8471 (N.D. Ill. Nov. 13, 2015), a matter we have previously blogged on here, Judge Matthew F. Kennelly of the U.S. District Court...more

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