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Tag: court


Business Law & Regulations, Employment & Labor

Court Vacates New NLRB Joint Employer Rule

March 12, 2024

Via: JD Supra

On Friday night, March 8, a federal district court in Texas vacated the new National Labor Relations Board (NLRB) rule on joint employment. The rule was scheduled to take effect today, March 11. The rule would have implemented a new […]


Business Law & Regulations, Employment & Labor

This ‘n’ that in employment law

July 29, 2022

Via: JD Supra

Late summer odds and ends. Catholic school guidance counselor supervisor is a “minister,” court says. And therefore she can’t sue the Archdiocese of Indianapolis for refusing to renew her contract after she entered into a same-sex union. About a year […]


Know Your Rights

Alternatives to Court: Mediation and Arbitration

September 1, 2021

Via: Investopedia

A divorce or legal separation doesn’t require a court hearing to decide how to divide up the property, who gets custody of the kids, and how often visitation can happen. In fact, litigating a divorce in court is a last […]


Business Law & Regulations, Workplace Safety & Health

Los Angeles superior court fined over $25K for COVID-19 safety violations after courthouse worker deaths

July 8, 2021

Via: ABA Journal

The superior court of Los Angeles County has been fined more than $25,000 for COVID-19 workplace safety violations following the deaths of at least four courthouse workers. The superior court plans to appeal the violations, according to a court spokeswoman […]


Know Your Rights

Louisiana Court Rules Jones Act Claim for Mental Injury Can Proceed in Light of Noose in Maritime Workplace

June 4, 2021

Via: National Law Review

Recently, the Louisiana Court of Appeal, First Circuit, in Thompson v. Cenac Towing Co., L.L.C., analyzed a trial court’s grant of summary judgment in a company’s favor after a noose-like rope was found hanging in a maritime workplace and held that the […]


Know Your Rights

Lawyer cites mother’s COVID-19 death after 6th Circuit blasts ‘striking legal emptiness’ of his brief

May 25, 2021

Via: ABA Journal

An Ohio lawyer sanctioned $1,500 for filing a substandard appellate brief told a federal appeals court on Friday that his failures stemmed from the COVID-19 death of his 96-year-old mother. Columbus, Ohio, lawyer Percy Squire apologized after the 6th U.S. […]


Business Law & Regulations, Employment & Labor

NLRB Irregularity Overturns Union Certification

May 18, 2021

Via: SHRM

The U.S. Court of Appeals for the District of Columbia Circuit declined to enforce a National Labor Relations Board (NLRB) decision that an employer refused to bargain with a union. The NLRB was at fault in preventing at least one […]


Business Law & Regulations, Workplace Safety & Health

Employee’s Social Security Disability Application Bars ADA Claim

May 12, 2021

Via: SHRM

An employee with a knee injury who sought Social Security Disability Insurance (SSDI) benefits by claiming that he was totally disabled could not sue his employer for his discharge under the Americans with Disabilities Act (ADA) and Family and Medical […]


Business Law & Regulations, Privacy

Plaid Federal Electronic Surveillance Claims Dropped, Privacy Claims Survive

May 11, 2021

Via: National Law Review

On April 30, 2021 a California district court trimmed various federal privacy-related claims, including the Computer Fraud and Abuse Act (CFAA) claim, from a highly-visible, ongoing putative class action against fintech services company Plaid Inc. (“Plaid”), but allowed other state […]


Know Your Rights

Employee’s Mistake in Administrative Complaint Did Not Bar Bias Suit

May 10, 2021

Via: SHRM

An employee could proceed with her employment discrimination lawsuit after filing an administrative complaint with the Department of Fair Employment and Housing (DFEH) even though the complaint did not use the company’s legal name, a California appeals court ruled. The […]


Business Law & Regulations, Employment & Labor

2nd Circuit tosses Harvard Law grad’s Rehabilitation Act claim over bar exam accommodations

April 30, 2021

Via: ABA Journal

The New York State Board of Law Examiners has sovereign immunity from a lawsuit claim by a Harvard Law School graduate who sued over failure to accommodate her anxiety-related disability, a federal appeals court has ruled. The 2nd U.S. Circuit […]


Business Law & Regulations, Finance

IBC amendment seeks to provide prepack resolutions for MSMEs

April 6, 2021

Via: The Economic Times

NEW DELHI: The government has amended the Insolvency & Bankruptcy Code to provide for prepackaged resolution framework for micro, small and medium enterprises (MSMEs) through promulgation of an ordinance. The alternative insolvency resolution framework is expected to bring about a […]


Business Law & Regulations, Privacy

Supreme Court rules for Facebook in dispute over texts; justices spar over ‘series-qualifier canon’

April 1, 2021

Via: ABA Journal

The U.S. Supreme Court ruled for Facebook on Thursday in a dispute over the reach of a law that restricts calls to cellphones made with an “automatic telephone dialing system.” The high court ruled that the provision in the Telephone […]


Know Your Rights

Federal appeals court rules professors do not to have to respect student pronouns

March 29, 2021

Via: Jurist

The US Court of Appeals for the Sixth Circuit held Friday that public universities cannot compel professors to respect student pronoun preferences. Per the court, such speech is protected under the First Amendment, particularly if pronoun preferences go against a […]


Know Your Rights

DOJ reconsiders position on reduced sentences for low-level crack offenders

March 16, 2021

Via: Jurist

In a notice submitted to the US Supreme Court on Monday, acting Solicitor General Elizabeth Prelogar stated that the US Department of Justice (DOJ) has reconsidered its position with regard to whether possession of a small amount of cocaine base […]


Tax Code, Regulations and Guidance

‘Cataclysmic’ decision striking down strict liability drug law puts past convictions at risk in this state

March 15, 2021

Via: ABA Journal

Years of convictions could be at risk following a Washington Supreme Court decision that struck down the state’s felony drug possession law. The state supreme court ruled Feb. 25 that the state’s strict liability law is unconstitutional because it doesn’t […]


Tax Code, Regulations and Guidance

Federal judge blocks restrictions against Chinese smartphone maker

March 15, 2021

Via: Jurist

A judge for the US District Court for the District of Columbia granted an injunction Friday preventing the Department of Defense (DOD) from enforcing restrictions against Chinese smartphone maker Xiaomi. Earlier this year, the DOD designated Xiaomi a “Communist Chinese […]


Tax Code, Regulations and Guidance

US Supreme Court hears arguments on credibility in asylum cases

February 25, 2021

Via: Jurist

The US Supreme Court heard arguments in the consolidated cases Wilkinson v. Dai and Wilkinson v. Alcaraz-Enriquez on Tuesday. The main issue before the court is”[w]hether a court of appeals may conclusively presume that an asylum applicant’s testimony is credible […]


Know Your Rights

US Supreme Court to review abortion gag rule, rejects election challenge

February 23, 2021

Via: Jurist

The US Supreme Court granted review Monday in cases ranging from reproductive healthcare funding to the Armed Career Criminal Act of 1984 and also rejected a challenge to the 2020 election. The court granted review of three cases that it […]


Business Law & Regulations, Employment & Labor

January 2021 California Employment Law Notes

January 29, 2021

Via: National Law Review

Bank Employee Who Was Harassed By A Customer Can Proceed With Sexual Harassment Claim Christian v. Umpqua Bank, 2020 WL 7777882 (9th Cir. 2020) Jennifer Christian, a former employee of Umpqua Bank, alleged she was sexually harassed by one of […]