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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!

MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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