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A former modeling agency executive has been arrested on charges that she tampered with a jury in an unusual civil suit over cigarette smoke in the workplace.
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The United States Supreme Court has declined to review a Seventh Circuit Court of Appeals ruling that bars plaintiffs alleging retaliation claims under the Americans with Disabilities Act (ADA) from seeking compensatory and punitive damages. <i>Kramer v. Banc of Am. Securities LLC</i>, U.S., No. 03-1451, cert. denied 6/21/04. Earlier this year, the Seventh Circuit was the first federal appellate court to conclude that the ADA does not provide plaintiffs the right to seek such damages in retaliation cases. <i>Kramer v. Banc of Am. Securities LLC</i>, 355 F.3d 961 (N.D. Ill. 2004).
National rulings of interest to you and your practice.
In one of its most important employment decisions on the subject of sexual harassment since its landmark decisions in <i>Burlington Industries, Inc. v. Ellerth</i> (524 U.S. 742, 141 L. Ed. 2d 633, 118 S. Ct. 2257 (1998)) and <i>Faragher v. Boca Raton</i> (524 U.S. 775, 808, 141 L. Ed. 2d 662, 118 S. Ct. 2275 (1998)), the Supreme Court, in <i>Pennsylvania State Police vs. Suders</i> (124 S. Ct. 2342, 159 L. Ed. 2d 204, 2004 U.S. LEXIS 4176 (2004)), addressed the issue of a constructive discharge resulting from sexual harassment.
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Is there a person alive who does not know that Wal-Mart Stores Inc. has been sued in a gigantic class action? On June 21, U.S. District Judge Martin J. Jenkins of the Northern District of California certified the largest employment discrimination class action in American history. <i>See Dukes v. Wal-mart Inc.</i>, No. C 01-02252 (N.D. Calif. 2004), 2004 U.S. Lexis 11365.
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Rulings of interest to you and your practice, nationwide.
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While continuing to fight the decades-old battle with asbestos, corporate policyholders increasingly are confronting another substance that plaintiffs allege can cause serious injury if inhaled: silica — a common mineral found in sand, granite and concrete, among other materials.
Highlights of the latest insurance cases from around the country.
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As the law of insurer bad faith evolves, the question of whether policyholders are entitled to a jury trial of their claims, or parts of their claims, comes increasingly into focus. In cases where the policyholder alleges bad faith in the manner in which a claim is investigated or handled — so-called "procedural" bad faith — factual issues for the jury often abound. But when an insurer timely and clearly declines coverage following an adequate investigation, should the "reasonableness" of that declination be submitted to a jury? From both a practical and a policy perspective, the answer in most cases should be no.
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National rulings of interest to you and your practice.