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Valerie Johnson

Regaining Your Right to Sue for Sexual Harassment with New Bipartisan Bill

Recent movements such as #MeToo and Time’s Up have now brought another problem to light that affects more than 56 percent of American workers: a forced arbitration clause that many of us agree to with signed employment agreements—effectively giving away your right […]

John Bair

Microsoft Leads the Way in Eliminating Forced Arbitration

The movement to achieve equality in the workplace is gaining traction. In recent months, we have seen a spike in actions taken to promote fairness and squash unacceptable behavior across many industries. Now, Microsoft is making a big change to […]

T. Thomas Metier

What Determines Whether a Case Dismissal Should Be With or Without Prejudice?

In Bright v. University of Oklahoma Board of Regents, No. 17-6101 (W.D. Okla. 2017) the United States Court of Appeals for the Tenth Circuit took on that question when dealing with a case possibly violating the Americans with Disabilities Act […]

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 […]