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Labor & Employment Personal Injury Alternative Dispute Resolution (ADR)

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

Can a dismissed employee be defamed in CCMA arbitration proceedings

by Hogan Lovells on

Does an employee who alleges that he was defamed by statements made during his disciplinary/CCMA process have a legal claim for defamation? Towards the latter part of 2016, the Eastern Cape High Court in Clover SA (Pty)...more

Employment Law Navigator – Week in Review: September 2016 #2

by Zelle LLP on

Last week, as we learned that the CIA has invested in another Big Data analytics startup, new headlines and commentary addressed the dangers of hidden bias in technology. LinkedIn changed its search algorithm after the...more

You Should Know - May 2016

In This Issue: - Forced Injustice - Stacking the Deck - Sign the Petition - Excerpt from Businesses Use Loophole to Deny Day in Court: Injustice, Thy Name Is Forced Arbitration: Tia’s employment case...more

Workers’ Compensation Mediation – What Employers Need to Know

by Tucker Arensberg, P.C. on

The costs of civil litigation, and uncertainties of a jury trial, have turned mediation into its own cottage industry. Now more than ever, parties involved in civil suits will voluntarily agree to mediate the dispute, with...more

Ghomeshi Claim Faces Significant Challenges

by Bennett Jones LLP on

The controversial firing of former CBC radio host and personality Jian Ghomeshi has captured the public’s attention in recent days for many reasons, most of which have nothing to do with the law. In terms of the legal issues...more

No damages awarded for unforeseeable workplace assault, but employer ordered to rewrite harassment policy

by Dentons on

The fact that an employee had engaged in harassment did not make it foreseeable that he would assault a coworker, a labour arbitrator has held. However, the company’s harassment policy was deficient and needed to be...more

Too poor to arbitrate, but rich enough to litigate???

by Sherman & Howard L.L.C. on

Yesterday the Arizona Court of Appeals decided a case that stands to undo the efficacy of arbitration agreements of all kinds in Arizona, including those found in the employment setting. Clark v. Renaissance West, LLC (Az....more

Fenwick Employment Brief - August 2013

by Fenwick & West LLP on

As this FEB went to publication, Governor Brown signed Senate Bill 292, which clarifies that sexual harassment claims under California’s Fair Employment and Housing Act do not require a showing of sexual desire. The...more

Fenwick Employment Brief - June 2013

by Fenwick & West LLP on

In Oxford Health Plans LLC v. Sutter, the United States Supreme Court affirmed an arbitral decision allowing the plaintiff to proceed with classwide arbitration even in the absence of express language to that effect in the...more

How Storyboards Helped Make a Complex Case and Could Help Yours, Too

by Cogent Legal on

This post spotlights one of the best and most convenient types of litigation graphics: Storyboards. What I mean by a “storyboard” is basically a series of images that are used to show how an incident occurred, what could have...more

Arbitration, Sales Reps and Personal Injury Claims

by Dechert LLP on

While it doesn’t involve a drug or device claim, James v. Conceptus, Inc., N. H-11-1183, 2012 U.S. Dist. LEXIS 32434 (S.D. Tex. Mar. 12, 2012), does involve a device company, sales rep, arbitration clause, and a determination...more

An Update on California Law presented by Anna Fabiano and Jenny Li

by Low, Ball & Lynch on

Table of Contents: - ANTI-SLAPP STATUTE - ARBITRATION - DAMAGES - DISCOVERY - EMPLOYMENT LAW - EVIDENCE - GOVERNMENT LIABILITY - INDEMNITY - INSURANCE COVERAGE - NEGLIGENCE - PREMESIS LIABILITY -...more

Illinois Court on Admissibility of Economist’s Testimony in Workers’ Compensation Case

by Howard Ankin on

In a recent Appellate Court of Illinois, First District decision, United Airlines v. Workers’ Compensation Commission, No. 1-09-2966WC, at issue was whether the lower court properly upheld the adoption of the decision of...more

The "Franken Amendment": A Blow to Arbitration and Increased Litigation and Compliance For Government Contractors

In October, the United States Senate, by a 68-30 vote, approved an amendment to the Department of Defense (“DoD”) appropriations bill for fiscal year 2010 which prohibits the use of appropriated funds, if such funds are to be...more

Bearss v City of Rutland

Complaint

by Christopher Sullivan on

The complaint is an example of a Section 1983 claim against a municipality for violation of an employees constitutional rights. ...more

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