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|Florida Broadens Its Anti-Slapp Statute, But Is It on the Verge of Death?|
Robert Garcia; Marshall Dennehey Warner Coleman & Goggin, P.C.;
July 21, 2016, previously published on June 1, 2016In 2000, the Florida legislature enacted Section 768.295, Fla. Stat. titled Strategic Lawsuits Against Public Participation (SLAPP). This section prohibited governmental entities from filing suit against individuals who exercise their right to peacefully assemble, instruct their representatives and...
|Court of Appeals Hears National Federation of the Blind’s Challenge to DOT Rule Regarding Blind-Accessible Kiosks at Domestic Airports|
Lewis S. Wiener, Amy Xu; Sutherland Asbill & Brennan LLP;
July 19, 2016, previously published on July 19, 2016On June 29, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit heard the National Federation of the Blind’s (NFB) challenge to a Department of Transportation (DOT) Final Rule regarding air carriers’ duty to provide blind-accessible kiosks at domestic airports. The...
|LGBT Antidiscrimination Provisions to Apply to Louisiana Contractors on July 1|
Andrew P. Burnside, Jacob C. Credeur; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
July 14, 2016, previously published on June 30, 2016Government contractors in Louisiana should take note of the upcoming effective date of the state’s recently-signed antidiscrimination law. In April of 2016, Louisiana Governor John Bel Edwards (D) signed Executive Order JBE 2016 - 11, which protects lesbian, gay, bisexual, and transgender...
|High Court Finds UT Austin Race-Conscious Admissions Process Constitutional|
F. Christopher Chrisbens, Thomas Dorer, Marla N. Presley, Mickey Silberman; Jackson Lewis P.C.;
July 12, 2016, previously published on June 24, 2016In a 4-3 decision on Thursday, June 23, 2016, the United States Supreme Court upheld the University of Texas’s (UT) race-conscious admissions program. The decision addressed only UT’s specific admissions policy in effect when Ms. Fisher was denied admission in 2008, but for the third...
|New Jersey Supreme Court Bars Enforcement of Shortened Limitations Period for Discrimination Claims|
Martin W. Aron, Maggie L. Gousman; Jackson Lewis P.C.;
July 10, 2016, previously published on June 16, 2016The New Jersey Supreme Court has overturned an appellate court decision that allowed a shortened limitations period for filing discrimination claims under the New Jersey Law Against Discrimination (“LAD”). Rodriguez v. Raymours Furniture Co., Inc., No. 074603 (June 15, 2016). In a case...
|How are Venues for Civil Lawsuits Chosen in Ohio?|
Amanda R. Yurechko; Weltman, Weinberg & Reis Co., L.P.A.;
June 21, 2016, previously published on June 2, 2016For the simple fact of convenience, most Ohio plaintiffs prefer the court where their case will be tried to be near them. It is frustrating for plaintiffs to ask witnesses to appear at a trial, or to attend a hearing, across the state. However, the plaintiff's preferred trial court is not always an...
|Federalism and LGBT Rights in North Carolina: Which Sovereign Has the Final Say?|
Gadson William (Will) Perry; Butler Snow LLP;
June 20, 2016, previously published on May 10, 2016Prior posts on this blog have discussed recent conflicts in Alabama and Mississippi that frame our country’s ongoing efforts to define the scope of federalism. Now, North Carolina has become the newest front in the fight to determine which sovereign—state or federal—has the final...
|The Right to Bear...Stun Guns: Second Amendment Protections Expanded?|
Matthew A. Barley; Butler Snow LLP;
June 20, 2016, previously published on May 9, 2016The State of Massachusetts prohibits the possession of any “portable device or weapon from which an electrical current, impulse, wave or beam may be directed, which current impulse, wave or beam is designed to incapacitate temporarily, injure or kill.” Mass. Gen. Laws, ch. 140...
|In Minnesota, the Clock’s Not Ticking During Dispute Resolution|
Bruce J. Douglas; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
June 20, 2016, previously published on June 9, 2016A claim of an unfair discriminatory practice under the Minnesota Human Rights Act must be brought as a civil action or as a charge filed with a local commission or the Minnesota Department of Human Rights within one year after the occurrence of the discriminatory practice. However, the statute of...
|Colorado Expands Pregnancy Discrimination Law|
Kristen Marie Baylis, Ryan P. Lessmann; Jackson Lewis P.C.;
June 20, 2016, previously published on June 9, 2016Colorado Governor John Hickenlooper has signed into law a bill that makes it an unfair employment practice if an employer fails to provide reasonable accommodations to a job applicant or an employee for conditions related to pregnancy or childbirth.