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Constructive Discharge: Third, Second Circuit Split
The Third Circuit ruled, contrary to the position taken by the Second Circuit, that a constructive discharge is a 'tangible employment action' precluding the assertion of an affirmative defense to liability under established federal law. Suders v. Easton, 325 F.3d 432 (3d Cir. 4/16/03).
Plaintiff in this case alleged that she was forced to resign from a position with the Pennsylvania State police based on a sexually hostile work environment. She complained to the State police equal employment opportunity officer, who was unhelpful and unresponsive. According to plaintiff, the work environment deteriorated, and she alleged that she was set up on trumped up theft charges. Indeed, she was detained temporarily as a suspect. Subsequent to that, plaintiff resigned. She then sued on sex harassment grounds and argued that she was constructively discharged.
The district court dismissed the action, finding that the State police had satisfied the affirmative defense set forth in the Supreme Court's Ellerth and Faragher decisions. The Third Circuit reversed.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.