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T. Thomas Metier

When Can a Jury Infer Discriminatory Intent from a Company’s Actions?

The United States Court of Appeals for the Tenth Circuit determined the answer in Barrington v. United Airlines, Inc., No. 16-1292 (10th Cir. 2017). Jaymee Barrington (“Barrington”) had worked at United Airlines, Inc., (“United”) for approximately 25 years. In 2011, […]

Scott R. Marshall

WORKERS’ COMPENSATION: The Dangers of Getting Treated “One Injury at a Time.”

There is often a fundamental misunderstanding among many medical providers who treat workers’ compensation patients who are injured on the job in the State of Florida, and it is wreaking havoc on workers’ compensation claims. Many times, when a physician […]

T. Thomas Metier

When Is Discriminatory Intent Required in a Claim Under the Americans With Disabilities Act?

The Tenth Circuit Court of Appeals took on this challenging question in Punt v. Kelly Services, No. 16-1026 (10th Cir. 2017). Kristin Punt (“Punt”) sued Kelly Services (“Kelly”) and their parent company, GE Controls Services, making claims under the Americans […]

T. Thomas Metier

Was this Court Correct to Not Enforce an Administrative Subpoena Issued By the EEOC?

The EEOC did not meet the necessary burden of showing why the information it was looking for was important; the Court had not abused its discretion when it denied help enforcing the subpoena.

Scott R. Marshall

TORT DEFORM: Tort Reform and the Absurdity of Caps on Damages

I am a trial lawyer. I know our tort system well. I cannot stand frivolous claims, nor can I stand frivolous defenses. They have no place in our Civil Justice System. I also have no patience for disingenuousness. The assault […]

Derek T. Braslow

Lyft: the Case Is Settled, but Not the Employment Classification

A federal judge has accepted a $27 million settlement this month in a class-action lawsuit against one of the U.S.’s leading rideshare providers, Lyft. While this marks the end of a long road for drivers seeking fair compensation in the […]

Roopal Luhana

After a Sexual Assault: Who’s There to Help?

According to the New Jersey Coalition Against Sexual Assault, nearly one in five women and one in 71 men have been raped in their lifetime. Almost 30 percent of men who reported it said it happened when they were 10 […]

Eric T. Chaffin

Helping Our Heroes to Find Jobs in the Civilian World

Military families face unique hardships. Not only are they often separated from their loved ones for extended periods of time, they may also have to deal with financial difficulties, emotional challenges, and difficult conditions like posttraumatic stress disorder, serious injuries, […]

John Bair

Findings from This Year’s ‘The Simple Truth about the Gender Pay Gap’

In a previous post, I had noted that according to the 2015 Survey on Retention and Promotion of Women in Law Firms by the National Association of Women Lawyers (NAWL) and The NAWL Foundation, the situation for female lawyers remains […]

Steven J. Klearman

Several States File Lawsuit Over DOL Overtime Rules

Several states, including Nevada, are joining forces to challenge the U.S. Department of Labor’s (DOL) new overtime rules. Attorney Generals in Nevada and Texas filed a suit in Texas federal court, contending the overtime regulations are “illegal” because they are […]