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April issue in PDF format
'Stop, Drop and Roll'
Since the Supreme Court's decision in <i>McKennon v. Nashville Banner Publ. Co.</i> 513 U.S. 352 (1995), authorizing employers to contest back pay and front pay/reinstatement remedies if they acquire evidence during discovery that would have led to the plaintiff's termination irrespective of the disputed reason, employers have expanded the reach of their discovery efforts. The purpose: Find anything in the employee's background that the employer can argue would have led to the employee's termination anyway, thereby precluding the potentially costly remedies of back pay and front pay/reinstatement per the <i>McKennon</i> decision. This article posits some possible countermeasures for plaintiffs to employ in combating the "after-acquired evidence" defense.
One-Way Age Discrimination
Does the Age Discrimination in Employment Act (ADEA) protect an employee regardless of his or her age, once that employee turns 40? The EEOC's regulation provides that it does, stating that the ADEA works both ways once someone reaches protected status at age 40. Finding this regulation "clearly wrong," the Supreme Court recently held in <i>General Dymanics Land Systems Inc. v. Cline</i>, 124 S. Ct. 1236 (2004), that the ADEA does not protect younger employees who are treated less favorably than older employees.
Recent Developments from Around the States
National rulings of importance to your practice.
Insurer Must Cover Weekend Accident
An umbrella insurance policy that covers a company's employees while "acting within their duties" should cover a worker who drove out of town on a weekend in search of a company cell phone he'd lost -- even if he stopped for personal errands on the way home, the Pennsylvania Superior Court has ruled.
National Litigation Hotline
Recent rulings of interest to you and your practice.
Quiz of the Month
Do you know the answer?
Southern District
Beginning March 1, 2004, 21 Southern District judges began participating in the district's Electronic Case Filing (ECF) system.
Decisions of Interest
The latest rulings of importance to you and your practice.
John Gaal's Ethics Corner
Your ethics questions answered by the expert!

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