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Employers Fight Back Against Whistleblowers

In 2013, the federal government recovered $3.8 billion from settlements and judgments under the False Claims Act (FCA). Whistleblowers—also called “relators”—can recover up to 30 percent of whatever a defendant pays in a...more

Legal Solutions, September 2013

Legal Solutions: the quarterly client newsletter from Sullivans Law: September 2013...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

Retail Industry Update, No. 2, June 2013: Handling Misconduct By (Someone Else's) Employees

In “Legally Blonde,” Reese Witherspoon’s hairdresser catches the eye of her crush, the sexy delivery driver. In spite of starting with an awkward misfire with the hairdresser smacking the delivery driver in the nose, the...more

Legal Solutions, June 2013

Legal Solutions: your quarterly client newsletter from Sullivans Law: June 2013 ...more

Missouri Court of Appeals Joins Majority of Federal Courts in Holding the Prohibition Against Evidence of Subsequent Remedial...

In a matter of first impression, the Missouri Court of Appeals for the Eastern District has held the exclusionary rule barring evidence of subsequent remedial measures does not apply when the remedial measure was implemented...more

The Illinois Supreme Court 2012: The Year in Review

During 2012, the Illinois Supreme Court filed seventy-one written opinions, thirty-nine in civil cases. Although the total opinion output was down somewhat from recent years, this represents the Court's highest number of...more

Presentation - Social Networking: An Ethical Issues Update.

The ethical issues surrounding the use of social media in the legal environment is constantly evolving, making it very important for attorneys to keep abreast of recent decisions, regulatory initiatives and legislative...more

Punitive Damages Exception Recognized to General Rule Precluding Direct Liability Against Employers who Admit Vicarious Liability...

The Court of Appeals for the Western District of Missouri has answered in the affirmative a question left open by the Missouri Supreme Court almost two decades ago: whether a claim for punitive damages can in fact serve as an...more

How Interactive Timelines Build and Strengthen Opening Statements

Employment, business and personal injury cases are ideally suited for laying out the facts in chronological order to enhance jury understanding. we generally recommend attorneys start with an interactive timeline that shows...more

Practical Implications Of Howell v. Hamilton Meat

The collateral source rule in a personal injury action or tort claim generally prevents the admission of evidence that the plaintiff will be compensated from a source other than the defendant for his/her injuries. This rule...more

Office Parties: Celebrate the Season Without Getting Sued!

It’s that time of year! Tis the season for toasts and traditions, presents and parties, secret Santa’s and sexual harassment, lawyers and lawsuits. . . Wait, what? Unfortunately, it’s true. Santa is not...more

NJ High Court Rules ‘Willful’ OSHA Violation Doesn’t Overcome Worker’s Compensation Preemption

A willful violation of federal safety standards does not, on its own, overcome the worker’s compensation bar against civil suits, the New Jersey Supreme Court ruled in its June 26, 2012 decision in Van Dunk v. Reckson Assocs....more

New York Court Holds Negligent Supervision Claim Triggers Defense

In its recent decision in Am. Auto. Ins. Co. v. Sec. Income Planners & Co., 2012 U.S. Dist. LEXIS 39444 (E.D.N.Y. Mar. 22, 2012), the United States District Court for the Eastern District of New York had occasion to consider...more

Basics of Legal Evidence

A discussion about what is legal evidence, and the threshold that must be met before a piece of evidence can be introduced in court....more

Directing the Direct When Your Witness is not an Expert

Many people view the direct exam of a non-expert witness as a series of "what happened next?" questions. With a little planning and effort, your directs can crackle with every bit of tension as a cross-examination. This...more

Second Chair is Much More than Second Fiddle

A second seat, or co-counsel, can be a critical position in trial. This article focuses on getting the best from your second seat, or if you are in that role, how to be most useful....more

School District Not Liable For School Employees’ Statements About Bus Driver

A recent Illinois Appellate Court decision highlights the protections that courts recognize for statements by public employees about coworker misconduct. The case should reassure school district employees who in good faith...more

Superior Court Recognizes Another Exception to the Pennsylvania At-Will Employment Doctrine

On January 19, 2011, a three judge panel of the Superior Court of Pennsylvania recognized another exception to the at-will employment doctrine. In Haun v. Community Health Systems (pdf), the court affirmed the trial court's...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

Going Over The Top At Disneyland: Sleazy Union Tactics In "The Happiest Place On Earth"

Disneyland is known as "The Happiest Place On Earth." But UNITE HERE Local 11, the Union that represents the park's 2,100 hotel employees, is not in a happy place. For close to three years now, it has been bargaining over a...more

Stuart v. TUSD

Appeal from Denial of SLAPP

Appeal from denial of SLAPP motion. Court of Appeal opinion....more

Jennifer Farfaras v Citizens Bank, et al.

Federal 7th Circuit Upholds Verdict of Sexual Harassment

The plaintiff filed sex harassment and sex discrimination complaints under Title VII of the Civil Rights Act of 1964 and common law complaints of battery, intentional infliction of emotional distress and assault against...more

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