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Retaliation Immunity

Miller Canfield

U.S. Court of Appeals for the Sixth Circuit Rejects Congress’s Abrogation of Immunity for Lawsuits Against States for ADA...

Miller Canfield on

The U.S. Court of Appeals for the Sixth Circuit has ruled that the waiver of a State's immunity under Title V of the Americans with Disabilities Act (ADA) is unconstitutional. This ruling permits a State to defend a Title V...more

Procopio, Cory, Hargreaves & Savitch LLP

Welcome Clarity for Medical Staffs and Healthcare Entities Facing Frivolous or Retaliatory Lawsuits

The California Third District Court of Appeal recently upheld the actions of a healthcare facility reporting a provider to the National Practitioner Data Bank who resigned while under investigation. In doing so, the court...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Dismisses Suit Against Defense Counsel for Criminal Referral of Employee

When defending employers accused of discrimination, harassment, or other claims, defense counsel occasionally comes across evidence indicating that the employee may have engaged in criminal activity. If the employer or its...more

Bennett Jones LLP

Alberta Enacts Measures to Protect Whistleblowers

Bennett Jones LLP on

On November 19, 2018, as part of the Alberta Securities Commission's (the "ASC") new whistleblower program, the Securities Amendment Act (the "Amendments") came into force and amended the Securities Act (Alberta) (the "Act")....more

Tucker Arensberg, P.C.

Teacher’s Verbal Abuse of Student Does Not Rise to “Conscious-Shocking” Level Necessary to Support Due Process Claim

Tucker Arensberg, P.C. on

L.H. and C.H. v. Pittston Area Sch. Dist., 130 F. Supp. 3d 918 (M.D. Pa 2015) (Decided September 10, 2015). The District Court for the Middle District of Pennsylvania determined that verbal abuse by a teacher, by itself,...more

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