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5th Circuit: Assumption-Based Refusal to Hire Diabetic Violates the ADA
Employers would be wise not to prejudge a potential employee's medical condition and use it as a reason to rescind a job offer, according to a 5th Circuit opinion. Such assumptions run afoul of the ADA and may lead to rulings that employers have discriminated against potential employees as a matter of law, wrote Judge Jacques Wiener. The appeal involved a temporary employee who was offered a permanent position, only to have the offer rescinded, because the employer believed his diabetes was uncontrolled.Award Upheld for Attorneys Overcharged for Records
The Superior Court of Pennsylvania affirmed on Wednesday a nearly $600,000 judgment for a class of attorneys and law firms who were overcharged by a company that copies medical records. The court, in Liss & Marion v. Recordex Acquisition Corp., denied all seven of Recordex's issues on appeal. The three-judge panel ruled that the class was not overly broad, summary judgment in favor of the class was appropriate and prejudgment interest in the amount of nearly $115,000 was not speculative.Dozens Vie For 3 Bench Openings In Oconee And Chattahoochee
Thirty-one lawyers and judges have applied for three judicial vacancies in the Chattahoochee and Oconee Judicial circuits. The Chattahoochee Circuit, which has two openings on its Superior Court bench, drew 23 nominations, and at least eight of them are African-American.In Case of Emergency: Will Your Company Be Prepared?
Hurricane Katrina hammered New Orleans on Aug. 29, 2005. The Twin Towers collapsed on Sept. 11, 2001. And power outages are afflicting cities across the U.S. Are GCs and their companies really prepared to handle emergencies, no matter what? Here are seven steps to follow and a legal primer to keep handy, prepared by attorneys Michael P. Maslanka and Burton D. Brillhart. Just one of the important tips: In any type of disaster, the core executive team "must stick together just like a ball of sushi rice."The Six Big Things GCs Should Know About Employment Laws
A little overwhelmed by employment law rules? Then read this list of the most important things a corporate counsel needs to know about six different employment law areas, put together by Michael P. Maslanka. These practical tips should help guide any in-house attorney through the information maze.For Every Firm, a Different Journey
Mini-profiles of the 20 top revenue generating law offices in the D.C. metro area. And, there's a new champ atop Legal Times' annual list of the D.C. area's highest-grossing law offices.Four Employment Cases on the U.S. Supreme Court's Menu
What is the U.S. Supreme Court dining on from the employment law menu this coming term? It's a four-course meal, and attorney Michael P. Maslanka tells us what the discerning diner needs to know. Among the tasty issues to be addressed: whether "me too" evidence is admissible in a discrimination case, and whether an employee can sue a retirement plan fiduciary for individual losses due to a fiduciary breach.Beware of Employees' Conduct-Based Suits
Claims having to do with an employee's conduct pose greater threats to an employer than claims stemming from an employee's status, warns attorney Michael P. Maslanka. The holdings in these cases often are not what a general counsel instinctively thinks they will be.Opinion: Working on the Railroad
Retaliation doesn�t mean what it used to.Trending Stories
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