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Appellate Courts Termination

Littler

Littler Lightbulb: June Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Jackson Lewis P.C.

Municipal Violation Is Not ‘Arrest Record’ Covered by Wisconsin Fair Employment Act, Court Holds

Jackson Lewis P.C. on

The Wisconsin Fair Employment Act’s (WFEA’s) prohibition against discrimination based on employees’ arrest and conviction record has always been considered broad, and its standard of allowing employers to make employment...more

Foley & Lardner LLP

Sufficiently Conspicuous: Arbitration Agreements and Class Action Waivers for Subscription-Based Businesses

Foley & Lardner LLP on

Since its enactment in 2010, California’s Automatic Renewal Law (ARL) has motivated an ever-increasing number of putative class action complaints. The latest surge is due in large part to amendments that went into effect last...more

Fox Rothschild LLP

COVID-19 Is Not Necessarily a Disability Under the New Jersey Law Against Discrimination

Fox Rothschild LLP on

The New Jersey Superior Court, Appellate Division has issued a published decision holding that, under the facts of the particular case, COVID-19 alone is not a disability under the New Jersey Law Against Discrimination...more

Jackson Lewis P.C.

Pennsylvania Appellate Court Affirms Summary Judgment in Whistleblower Case

Jackson Lewis P.C. on

Whistleblower claims of all types generally require proof of three elements; a complaint of conduct believed to be unlawful (protected activity), some form of discipline (an adverse action), and proof that the adverse action...more

Roetzel & Andress

Is This the End of the Voluntary Abandonment Defense for Ohio Employers?

Roetzel & Andress on

On March 2, 2023, the Tenth District Court of Appeals announced its decision in State ex rel. Autozone Stores, Inc. v. Industrial Commission, 2023-Ohio-633. Unfortunately, the decision is not favorable for Ohio employers. ...more

Jackson Lewis P.C.

Appellate Court Addresses How Much Information Employee Must Submit to Support an Accommodation Request

Jackson Lewis P.C. on

One of the many difficult issues employers face under the Americans with Disabilities Act (ADA) is determining what information a disabled employee must provide to an employer to trigger the employer’s duty to accommodate a...more

Warner Norcross + Judd

Michigan Court of Appeals Rules on Propriety of Terminating Trust for Beneficiary Who Recovered from Disability

Warner Norcross + Judd on

In a recent Michigan Court of Appeals case, In re Special Needs Trust for the benefit of Talonda Moss, Docket No 357836, 2022 WL 2760235 (Mich Ct App Jul 14 2022), the court ruled on whether a trust created for a disabled...more

Sherman & Howard L.L.C.

Tenth Circuit Reverses Itself: Adverse Action Not Required To State ADA Failure-To-Accommodate Claim

Sherman & Howard L.L.C. on

Sitting en banc, the Tenth Circuit Court of Appeals recently ruled that an adverse employment action is not a required element of a failure-to-accommodate claim brought under the Americans with Disabilities Act (“ADA”). In...more

MoFo Employment Law Commentary (ELC)

New California Court Decision Highlights Potential Perils Of Unlimited Vacation. Bonus Concerns: Settling Cases With Releases,...

While the United States and California legal worlds remain (understandably) focused on issues arising out of the COVID-19 global pandemic, California courts continue to issue important, and potentially policy-altering,...more

Manatt, Phelps & Phillips, LLP

Employment Law - April 2017

Eleventh Circuit: Title VII Doesn’t Prohibit Sexual Orientation Discrimination - Why it matters - In a decision that is already being cited in other courts around the country, the U.S. Court of Appeals for the Eleventh...more

McDermott Will & Emery

Illinois Supreme Court “Upgrades” Willful Misconduct Requirements in Unemployment Cases

McDermott Will & Emery on

The longstanding statutory definition of “willful misconduct” that would disqualify an unemployment insurance claimant has been “the deliberate and willful violation of a reasonable rule or policy of the employing unit,...more

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