Litigation

Recent rulings of importance to you and your practice.

Legislatures and courts alike in several jurisdictions have extended existing anti-discrimination laws to transgender people, and some employers have followed suit with changes to their non-discrimination policies. Employers are thus advised not only to familiarize themselves with the current legal landscape for transgender rights, but also to consider the practical implications of such laws on their own efforts to provide an inclusive and non-discriminatory workplace environment for transgender employees. This two-part article will explore the legal landscape and its implications.

The first part of this article discussed the current state of the law with regard to the legal standing of unions to represent and litigate on behalf of retirees. The conclusion herein addresses cases involving the presumption of vesting, and offers tips for managing changes in retirement plans and negotiating future plans.

There have been numerous cases involving various challenges to employer 'tip-pooling' policies, particularly in Massachusetts and California, with wait staff and other restaurant employees claiming that such policies violate state wage and hour laws. This article describes this recent line of cases, which are of particular interest to employers and employees in the restaurant or hospitality industries, but which have extended to other industries as well. The article also suggests guidelines for employers in the restaurant and hospitality industries to adopt so that their tip-pooling policies do not run afoul of state wage and hour laws.

The use of bankruptcy to protect an individual's home from foreclosure is sufficiently commonplace that practitioners would be well advised to understand the foreclosure process in their state and, in particular, when that process will be deemed completed for purposes of section 1322. This article explains why.

Few subjects in the staid world of economics generate as much controversy as expert testimony quantifying hedonic damages: tort damages that attempt to compensate a plaintiff for the loss of enjoyment of life. Countless articles in forensics literature debate whether monetary value placed on a statistical life applies to a specific plaintiff. This controversy has spilled over into the courtroom. While most jurisdictions allow recovery of some form of hedonic damages, the trend, especially in the post-Daubert era, has been to exclude expert testimony that purports to calculate the amount of those damages. This article examines the trend against expert testimony quantifying hedonic damages and notes recent decisions that indicate the trend may be curbing, especially in jurisdictions that have refused to adopt Daubert.

Divorce isn't just divorce anymore. At least not if you are on top of your game in Family Law. As the September issue of The Matrimonial Strategist describes in several different articles, Interdisciplinary Collaborative Divorce is the wave of the future. The Matrimonial Strategist first discussed Collaborative Law Divorce in May, 2006. To quote Editorial Board Member Charles J. McEvily, 'The hallmark of the Collaborative Divorce is the execution of an agreement by both parties and'

Divorce isn't just divorce anymore. At least not if you are on top of your game in Family Law. As the September issue of The Matrimonial Strategist describes in several different articles, Interdisciplinary Collaborative Divorce is the wave of the future. The Matrimonial Strategist first discussed Collaborative Law Divorce in May, 2006. To quote Editorial Board Member Charles J. McEvily, 'The hallmark of the Collaborative Divorce is the execution of an agreement by both parties and'