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Hot Employment Topics For 2014 Part II: After The Defense Of Marriage Act? Implications For Employee Benefits

This is the second of a seven-part series describing "Hot Employment Topics for 2014." Part II focuses upon "The Aftermath of the Demise of the Defense of Marriage Act." The United States Supreme Court in 2013 struck...more

End Game in the Fight Over Same Sex Marriage? [Video]

Mar. 1, 2014 -- New York Law School Professor Arthur Leonard talks about how the current round of litigation could be the beginning of the end of the legal battle to allow same sex couples to get married. Leonard also...more

Windsor and Hollingsworth: Shifting Tides in the Battle for Marriage Equality

Of all of the Supreme Court decisions in recent years, few have drawn more public interest (or outcry, depending on an individual’s political school of thought) than United States v. Windsor and Hollingsworth v. Perry and few...more

Utah Same-Sex Marriages and Private Employers

Recent Federal Court decisions regarding Utah’s same-sex marriage laws have placed private employers in unchartered waters. Many private employers are now asking themselves: Am I required to extend benefits to same-sex...more

Federal District Court (In Its Capacity As An Employer) Must Reimburse Employee for the Cost of Health Benefits for her Same-Sex...

The Ninth Circuit Judicial Council, an administrative body that reviews decisions of the court’s chief judge, recently weighed in on an issue involving same-sex domestic partner health benefits in the post-Windsor world. The...more

Employment Law -- Sep 12, 2013

Federal Agencies Respond to Supreme Court’s DOMA Ruling - In the wake of the U.S. Supreme Court’s decision to strike down part of the Defense of Marriage Act (“DOMA”), federal agencies are starting to respond with new...more

Citing Windsor, Two Courts Extend Spousal Rights To Same-Sex Couples Who Reside In States That Do Not Recognize Same-Sex Marriage

As we previously reported, the decision overturning the federal Defense of Marriage Act (DOMA) left open many questions, including the impact of the decision on states that do not recognize same-sex marriage. Recent decisions...more

Two Federal Courts Recognize Same-Sex Spousal Rights for Residents of States Not Permitting Same-Sex Marriage

Obergefell v. Kasich and Cozen O’Connor v. Tobits may reflect a growing trend of courts and other bodies to recognize same-sex marriages validly celebrated elsewhere even if the couple’s current state of residence does not...more

Same-Sex Spouse Is Entitled To Death Benefits Under ERISA-Qualified Plan

Following on the heels of the Supreme Court’s decision in U.S. v. Windsor, a federal district court in Pennsylvania recently held that the same-sex spouse of a deceased employee is entitled to receive death benefits under the...more

Fenwick Employment Brief - July 2013

In a favorable decision for employers, the U.S. Supreme Court in Vance v. Ball State University ruled that employers are strictly liable for harassment by a supervisor where the supervisor is empowered to take tangible...more

Supreme Court Dismisses California's Proposition 8 Same-Sex Marriage Case

Sidestepping a highly divisive issue, the U.S. Supreme Court ruled yesterday that it lacked authority to decide on the merits whether an initiative passed by California voters limiting marriage to opposite gender couples...more

Langarica v. County of Los Angeles

Appellate Opinion

After hospital staff got into a dispute with Appellant, Antonio Langarica, the hospital defendants convinced the social worker defendants that Antonio had a bad attitude and needed to be brought into line. They then worked...more

I was just served with a notice to appear at a hearing concerning a restraining order against me, what should I do?

If you have just been served a notice about a restraining order, you should read this post, and fast! Contact: George E. Bourguignon, Jr., Esq. Phone: (508) 769-1359 or (413) 746-8008 Email: ...more

Second Circuit Finds DOMA Unconstitutional

Executive Summary: On October 18, 2012, the U.S. Court of Appeals for the Second Circuit ruled that section 3 of the federal Defense of Marriage Act ("DOMA"), which defines marriage as "a legal union between one man and one...more

A New Term in the U.S. Supreme Court: Cases to Watch

Earlier this month, the U.S. Supreme Court began a new term that is anticipated to include decisions on hot-button issues such as affirmative action, same-sex marriage and national security. The Court will also hear several...more

Legal Alert: First Circuit Finds the Defense of Marriage Act (DOMA) Unconstitutional

Executive Summary: On May 31, 2012, the Boston-based First U.S. Circuit Court of Appeals ruled that part of the federal Defense of Marriage Act ("DOMA"), which denies federal benefits to same-sex married couples, is...more

Exemption From Criminal Liability Of Family Members For Certain Crimes

Article II Section 12 of the Constitution provides that the State shall protect and strengthen the family as a basic autonomous social institution. As a policy of the State, it is the duty of the State to fortify the union of...more

Hamilton v. Lethem

Opinion of the Court

The Hawaii Supreme Court has issued a unanimous opinion in Hamilton v. Lethem, No. SCWC-27580 (Jan. 7, 2012). The issues in the case revolve around the due process rights of parents in civil TRO proceedings in Family...more



Stokes et al. v. Children's Hospital of Orange County et al.

Ruling Judment on The Pleadings -- Mandated Reporter Immunity

First known ruling of its kind in California state courts. We are hopeful the defense will writ the decision so we can get the issue in front of the Court of Appeal. We are fairly confident the COA will affirm the decision,...more

Stokes et al. v. Children's Hospital of Orange County et al.

Request for Judicial Notice re: Mandated Reporter Immunity

Supporting evidence...more

Stokes et al. v. Children's Hospital of Orange County et al.

Reply in Support of Motion for Jugment on The Pleadings re: Mandated Reporter Immunity

Winning reply arguments...Nice win....more

Stokes et al. v. Children's Hospital of Orange County et al.

Opposition to Judgment on the Pleadings re: Mandated Reporter Immunity

Children's Hospital's failed attempt to defend their application of Mandated Reporter Immunity in a federal civil rights action against one of its doctors....more

Stokes et al. v. Children's Hospital of Orange County et al.

Ps & As Judment on the Pleadings -- Mandated Reporter Immunity

This is the winning memorandum of points and authorities in support of our attack on Children's Hospital's assertion of Mandated Reporter Immunity in a state court action for violation of federal civil rights....more

Civil Law (Miscellaneous Provisions) Bill 2010

Civil Law (Miscellaneous Provisions) Bill 2010

The Bill provides for amendments to provisions across the range of civil and regulatory law. The main provisions of the Bill include:— amendment of the Civil Legal Aid Act 1995 to allow the Legal Aid Board to give legal...more

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