Features
How to Determine a Diligent Job Search
If a plaintiff in a discrimination case or a recipient spouse in a divorce action is unemployed or under-employed and seeking compensation or maintenance, that party's employability must be ascertained in order to determine a fair and just award. Frequently, this requires consultation with, or testimony by, a vocational or employability expert.
'Customary Operations' or A Vacant Building?
Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'
Columns & Departments
Case Notes
Discussion of a recent ruling from Massachusetts.
Features
<b><i>Online Extra:</b></i> The Key to Trying a Product Liability Case Effectively: Listening Well
In preparing for trial, it is natural to focus on what you will say when you address the judge or jury, and when you question witnesses. While it is important to say the right things in the right way at the right time, it is equally or more important to listen attentively to the judge, jurors, lawyers, witnesses and others in the courtroom.
Using Unlicensed Photos on Websites
For a long time, people have generally felt it appropriate to go onto various image search engines, find a photo and then cut and paste it into their publication or website. One of the reasons this was so easy to get away with was that there was no effective way for photographers to find unlicensed uses of their work. Of late, however, photographers either have acquired new technology or have engaged search companies that have image-searching technology.
Features
Celebrating 25 Years of the ADA
With July 26, 2015, marking the 25th anniversary of the ADA, disabled Americans have reason to celebrate as recent court decisions have strengthened and broadened their protections under the ADAAA.
Features
U.S. Supreme Court Holds Local Sign Law Unconstitutional
In <I>Reed v. Town of Gilbert</I>, the U.S. Supreme Court found that the town's regulation of directional signs was not content-neutral and violated the free speech rights of a local church.This decision has potentially significant ramifications for municipal regulations throughout the country.
Features
Using Unlicensed Photos On Websites
For a long time, people have generally felt it appropriate to go onto various image search engines, find a photo and then cut and paste it into their publication or website. One of the reasons this was so easy to get away with was that there was no effective way for photographers to find unlicensed uses of their work. Of late, however, photographers either have acquired new technology or have engaged search companies that have image-searching technology.
Columns & Departments
Development
Cases involving use of a special permit; land zoning; and landmark designation.
Broadening the Scope of Privacy Under the Video Protection Statute
A recent case from the District of Massachusetts, <i>Yershov v. Gannett Satellite Information Network,</i> suggests a broadening of the view of subscriber privacy in the context of the delivery of video content over online platforms.
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