Features
Plaintiffs' Employment Lawyers Are No Longer Secure
Plaintiffs' employment lawyers contemplating bringing Title VII or other discrimination suits have long felt secure in the knowledge that, even if they lose at trial or at the summary judgment stage, their client will not be assessed attorney's fees. Any ambiguity regarding the meaning of a "prevailing party" entitled to fees under the Federal Rules was resolved by the Supreme Court's decision in <i>Christiansburg Garment Co. v. EEOC</i>, 434 U.S. 412 (1977). The Supreme Court denied fees to the prevailing defendant employer in that Title VII case, pointing out that the EEOC's actions in bringing the case could not be characterized as without merit or unreasonable. Is that still the case?
Recent Developments from Around the States
A look at the latest cases from around the states.
Features
National Litigation Hotline
Cases of importance to your practice.
Features
Recent Developments from Around the States
National cases of interest to you and your practice.
The <i>Horn</i> Decision: Significant Victory for Employers
New York's Court of Appeals recently issued an important decision in which it declined to expand the narrow exception to the 'at-will' employment doctrine enunciated in <i>Wieder v. Skala</i> for attorneys to physicians employed by non-medical employers. The court's decision in <i>Horn</i>, however, arguably is limited to that particular class of physicians whose duties are not limited to providing medical treatment, but include non-medical-related management responsibilities as well. Consequently, the court will likely be faced with future attempts by professionals, including physicians employed by medical employers, to expand the Wieder doctrine to them.
Features
Understanding the ADA's 'Reassignment' Obligation
One of the most controversial questions since the passage of the Americans with Disabilities Act of 1990 (ADA) has been whether an employer must reassign an employee who can no longer perform his or her job because of a disability. After years of conflicting decisions and arguments, the answer is now easy ' yes.
The Most Feared Battle Waged in Litigation
The following is a primer on the "leniency" standard for FLSA actions, and its interplay with Rule 23 guidelines. Why do we need a primer? Well, if one were so disposed as to survey a sufficient number of well-regarded class action practitioners, the result of that inquiry would most assuredly be a virtual consensus that the quest for class certification is, to a targeted defendant, the most feared battle waged in litigation.
National Litigation Hotline
Recent cases of importance to your practice.
Recent Developments from Around the States
Cases around the states of interest to your practice.
E-mails: 'Smoking Guns' in Employment Litigation
E-mail traffic by employees in the workplace has proven to be key evidence in recent criminal and civil investigations of public companies like Martha Stewart Omnimedia, Merrill Lynch, Citibank and other Wall Street firms.
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