Labor & Employment Personal Injury Alternative Dispute Resolution (ADR)

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Ghomeshi Claim Faces Significant Challenges

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

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???

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

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

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

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

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

I’ve been released from care with permanent restrictions and I can’t go back to work in my previous job. Do I still get paid...

If your employer cannot accommodate your restrictions, then yes you would continue to be entitled to benefits under the Act. These benefits are called Maintenance benefits. These are different than temporary total disability...more

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

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

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

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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