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Avoiding State Law Pitfalls Image

Avoiding State Law Pitfalls

William J. Wortel

Navigating the treacherous waters of federal employment law is not easy. Well-intentioned employers can unknowingly violate some of the more complicated (albeit well-known) laws like the Family & Medical Leave Act and the Americans With Disabilities Act due to a lack of familiarity with the applicable regulations or the case law interpreting them. When an employer has operations in multiple jurisdictions, the analysis becomes even more complex due to circuit splits on pivotal issues.

Reasonable Accommodation of Religion Under Title VII Image

Reasonable Accommodation of Religion Under Title VII

Shirley O. Lerner

Employers are increasingly faced with the challenge of responding to employee requests to be relieved of work requirements related to religious beliefs and observance. This article provides general background regarding the definition of 'religion' and 'religious belief' in the context of providing a religious accommodation, and an overview of the growing body of case law that deals with the employee's right to seek and the employer's obligation to provide a 'reasonable accommodation.'

Features

Medical Monitoring Class Actions: Challenging Certification By Challenging the Proposed Medical Monitoring Program Image

Medical Monitoring Class Actions: Challenging Certification By Challenging the Proposed Medical Monitoring Program

Geoffrey Phelan

Federal district courts have recently denied class certification in instances in which the plaintiffs sought medical monitoring, citing causation issues better addressed on an individual basis.

Federal Officer Removal Jurisdiction Upheld in Agent Orange Cases Image

Federal Officer Removal Jurisdiction Upheld in Agent Orange Cases

James Aiosa & Paul V. Majkowski

In this article, we discuss the issue of federal officer removal, <i>i.e.</i>, the removal of a state action to federal court on the ground that the government had such control over the defendant that the defendant was essentially acting as a federal officer.

Practice Tip: Coordination of Mass Torts in NY State Court Image

Practice Tip: Coordination of Mass Torts in NY State Court

James Weller, Joseph Ortego & Laurie Bloom

Part One of this series discussed the advantages of coordinating state and federal mass torts cases, and specifically addressed New York law. The conclusion describes the process of applying for coordination in New York State.

'Cosmeceuticals': The Fine (Regulatory) Line Between Cosmetics and Drugs Image

'Cosmeceuticals': The Fine (Regulatory) Line Between Cosmetics and Drugs

Kimberly H. Clancy

When it comes to determining whether a product is a drug, a cosmetic, or both under the Federal Food, Drug and Cosmetic Act of 1938, the focus has been mostly on the marketing and promotional claims related to the product, at least based on available FDA guidance, case law, and recent enforcement actions. As the market for cosmeceuticals continues to grow, however, and if more products are formulated with ingredients found in FDA-approved prescription drugs, that focus could change.

Real Property Law Image

Real Property Law

ALM Staff & Law Journal Newsletters

Analysis of recent rulings.

Landlord & Tenant Image

Landlord & Tenant

ALM Staff & Law Journal Newsletters

Commentary on the latest cases.

Features

Index Image

Index

ALM Staff & Law Journal Newsletters

Everything contained in this issue, in an easy-to-read format.

Features

Development Image

Development

ALM Staff & Law Journal Newsletters

A look at recent rulings of importance.

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