Law School Toolbox Podcast Episode 412: Listen and Learn -- Motions for Summary Judgment
What Litigants Need to Know about Summary Judgment
JONES DAY TALKS®: Tiffany v. Costco Raises Trademark Infringement, Counterfeiting Questions
Patent Infringement: Successful Litigation Stays the "Course"
Podcast: Non-binding Guidance: Examining FDA’s Enforcement Authority Over Stem Cell Clinics and Compounders
K&L Gates Triage: Avoiding the Risks Associated with Mandatory Vaccination Programs
A district court ruled that a long-time railroad trackman, who was pulled from service following safety complaints from his coworkers and supervisors, failed to prove that he was considered disabled under the ADA, and failed...more
The hospital did not discriminate against a 73-year-old surgeon on the basis of his age or perceived disability or breach his contract when it required him to undergo neuropsychological and physical exams and have a proctor...more
When can you send an employee for a medical exam? In EEOC v. McLeod Health, Inc., the Fourth Circuit recently provided some guidance and allowed a plaintiff’s claim for an illegal medical exam to proceed to the jury despite...more
This month’s key employment law cases address pre-employment physicals, appeals from California Labor Commissioner awards, and background checks. EEOC v. BNSF Ry. Co., 902 F.3d 916 (9th Cir. 2018)...more
Sometimes when an employee returns from medical leave and presents a doctor’s clearance, the employer has serious questions about the employee’s actual ability to safely and effectively perform the job. A recent unpublished...more
Recently, the United States Court of Appeals for the Seventh Circuit in Painter v. Illinois Department of Transportation affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging a...more
Seyfarth Synopsis: In an ADA action alleging that a maker of train components discriminated against a group of applicants by regarding them as disabled, a federal district court in Illinois granted the EEOC’s partial motion...more
When used lawfully, post-offer, pre-employment medical examinations can be a powerful tool. But a recent federal district court case demonstrates the importance of carefully implementing such programs...more
In Parker v. Crete Carrier Corporation, et al, No. 16-1371 (October 12, 2016), the Eighth Circuit Court of Appeals held that a trucking company complied with the Americans with Disabilities Act (ADA) in requiring its drivers...more
Seyfarth Synopsis: After the EEOC brought an action under the Americans With Disabilities Act against an employer who implemented a wellness program requiring employees to take a health assessment to participate, the Court...more
Editor's Overview - In this month’s newsletter, our colleagues focus on two sets of legislative updates. First is a discussion of the IRS’s proposed Treasury Regulations prescribing rules under Section 457 of the...more
Obesity does not meet the definition of a “disability” under the Americans with Disabilities Act (ADA) for either the discrimination or “regarded as” provisions of the statute, a panel of the Eighth Circuit Court of Appeals...more
The Americans with Disabilities Act only allows employers to conduct medical examinations of employees on the basis of business necessity. Last month in an unpublished decision, the Sixth Circuit Court of Appeals concluded...more
Question: Our company offers employees a self-funded and self-insured health plan. We’d now like to implement a wellness program. Can we require employees to complete a health risk assessment which requests personal medical...more