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By Louis Locascio | April 24, 2024
"Does the mode of operation rule apply where customers wait on themselves after being served by an employee?" writes former Superior Court Judge Louis Locascio.
7 minute read
By Aleeza Furman | April 23, 2024
Appellate lawyers who spoke with The Legal said there is not a clear reason for the drop-off, but the change could be linked to the type of cases the justices are taking up.
5 minute read
By Brian Lee | April 23, 2024
The Empire State's attorney countered by painting the New York Civil Liberties Union's request for 20 years' of state troopers' disciplinary records as "unduly burdensome," while estimating that it would take a full-time employee working on nothing else about 22 years to respond, and a part-time employee more than 40 years.
4 minute read
By Colleen Murphy | April 23, 2024
"K.L.F. and P.M. both express sound reasoning in reaching their respective rulings, making our decision a close call," Judge Thomas W. Sumners Jr. wrote. "We, however, conclude, as did K.L.F. and the trial court, that a public entity is not immune from the sanctions that can be imposed under the FLS."
4 minute read
By John M. Baker and Katherine M. Swenson | April 23, 2024
The Eighth Circuit recently affirmed the Western District of Missouri's denial of summary judgment based on qualified immunity to two individual defendants who had been sued for First Amendment retaliation under Section 1983.
6 minute read
By Emily Cousins | April 22, 2024
"This is an important decision for all injured workers," Andrew Wallace said. "When a worker is injured, they often need medical treatment and payments for lost wages right away. Most injured workers do not have the luxury of waiting more than the 28-day statutory response period."
4 minute read
By Alex Anteau | April 22, 2024
"There's a lot at stake [for Houston Hospitals," said lead counsel Jason Bring of Arnall Golden Gregory. "The freestanding emergency department is proposed to go almost directly between two existing hospitals, within seven or eight miles. As you might expect, that will draw patients away from our hospitals … and the impact on them will be 10% [of their patients and revenue] at minimum, but likely in excess of that.
5 minute read
By Jimmy Hoover | April 22, 2024
The U.S. Supreme Court will consider whether a party "must obtain a ruling that conclusively decides the merits in its favor," rather than just a preliminary injunction, to obtain attorney fees in a civil rights suit.
4 minute read
By Riley Brennan | April 22, 2024
"The complaint alleged that, after investigating whether the company would continue to employ a medical marijuana cardholder, WMP concluded it would not," Judge Mary P. Murray wrote for the 2-1 majority. "The complaint specifically alleged that WMP terminated appellant not because of the positive drug test, but because he was a medical marijuana cardholder."
3 minute read
By Allison Dunn | April 19, 2024
David A. Goldman, a member of Norman Hanson DeTroy in Portland, who represented the McDonald's franchise owner, said the court's ruling was a matter of common sense to ensure the law "properly incentives the right kind of behavior" from employers.
5 minute read
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