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HTMLIowa Supreme Court Embraces the ADAAA
Randall D. Armentrout; Nyemaster Goode, P.C.;
Legal Alert/Article
July 14, 2014, previously published on July 1, 2014
On June 27, the Iowa Supreme Court decided in Goodpaster v. Schwan’s Home Service, Inc., that it will look to the ADA (Americans with Disabilities) Amendments Act of 2008 (“ADAAA”), 42 U.S.C. §§ 12101-12213, when interpreting the meaning “disability” under...

 

HTMLOntario Human Rights Commission Releases New Policy on Mental Health Disabilities and Addictions
Benjamin T. Aberant; McCarthy Tétrault LLP;
Legal Alert/Article
July 7, 2014, previously published on June 24, 2014
On April 16th, we reported on a new policy published by the Ontario Human Rights Commission (the Commission) entitled Policy on Preventing Discrimination Because of Gender Identity and Gender Expression. Last week, the Commission published a new policy entitled the Policy on preventing...

 

HTMLPolitical Subdivision Tort Claims Act Bars Claims Sustained Due to Accident With Vehicle Stolen From Local Agency. Motor Vehicle Exception to Governmental Immunity Applies Only Where Agent of Local Agency Actually Operated Vehicle in Question
Paul G. Lees; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 1, 2014, previously published on July 1, 2014
The tortfeasor in this matter was taken into custody by the Philadelphia Police Department, handcuffed and placed in the back of a police cruiser. Notwithstanding his restraints, he somehow managed to commandeer the police cruiser. The plaintiff was in her vehicle when the police cruiser driven by...

 

HTMLPolitical Subdivision Tort Claims Act Provides Immunity to County and County Nursing Home for Wrongful Discharge of One of Its Employees
Paul G. Lees; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 1, 2014, previously published on July 1, 2014
The plaintiff worked for the county as a nurse’s aide for eight years, until she was terminated due to drug testing results. Prior to her discharge, the plaintiff had injured her neck and back at work while assisting a co-worker in lifting a 300-pound patient. Lewis filed a claim under the...

 

Adobe PDFWhere Is the Fairness? Recent Developments and Cause for Concern at the Human Rights Tribunal
Leslie Frattolin, Michael S. Richards, Sarah Willis; Davis LLP;
Legal Alert/Article
June 30, 2014, previously published on June 23, 2014
The amendments to the Ontario Human Rights Code (the “Code”) which came into force in 2008, have brought about significant changes to the way in which human rights complaints are adjudicated in Ontario. Today, approximately six years after the amendments were brought into force, the...

 

HTMLOntario Employer Advisor Keeping Employers Advised on Developments in Labour and Employment Law
Benjamin T. Aberant; McCarthy Tétrault LLP;
Legal Alert/Article
June 27, 2014, previously published on June 24, 2014
On April 16th, we reported on a new policy published by the Ontario Human Rights Commission (the Commission) entitled Policy on Preventing Discrimination Because of Gender Identity and Gender Expression. Last week, the Commission published a new policy entitled the Policy on preventing...

 

Adobe PDF"Judge Vincent Giblin: the Life and Times of a South Florida Attorney and Judge."
William G. Crawford; McDonald & Crawford, P.A.;
Legal Alert/Article
June 24, 2014, previously published by HistoryMiami f/k/a The Historical Association of Southern Florida, Inc., Miami, Fla. on 2010
This article profiles the life and times of Vincent Claude Giblin from his birth and early education in Mobile, Ala., to his graduation from the University of Notre Dame Law School, to his early practice with some of the most outstanding lawyers in the country, to his selection by Florida's...

 

HTMLU.S. Supreme Court: Officers’ Use of Deadly Force to End Car Chase is Justified
Mazanec Raskin Ryder Co. L.P.A.;
Legal Alert/Article
June 24, 2014, previously published on May 29, 2014
On May 27, 2014 the U.S. Supreme Court reaffirmed that police officers under the Fourth Amendment have no obligation to refrain from using deadly force when a fleeing driver poses an ongoing significant risk to officers or public safety. Plumhoff v. Rickard, No. 12-1117. Officers are authorized to...

 

Adobe PDF"The Long Hard Fight for Equal Rights: a History of Broward County's Colored Beach and the Fort Lauderdale Beach 'Wade-ins' of the Summer of 1961"
William G. Crawford; McDonald & Crawford, P.A.;
Legal Alert/Article
June 16, 2014, previously published by Tequesta,the academic journal of History/Miami f/k/a Historical Association of Southern Florida, Inc., Miami, Fla. vol. 2007: pp.19-51. on 2007
The history of the desegregation of the beaches of Broward County, Florida, from Broward County's purchase of the 'Colored Beach' in 1954 to the first Wade-in on July 4, 1961, to the judgment of Broward Circuit Court Judge Ted Cabot denying the City of Fort Lauderdale's request for an injunction...

 

HTMLOn the Legal Benefits of Status under Article 195, Paragraph 3 of the Civil Code
Emily Chueh; Lee Tsai Partners Attorneys-at-Law;
Legal Alert/Article
June 11, 2014, previously published by According to the general opinions in the practical field in recent years, the so-called "legal benefits of status" is not limited to traditional patterns such as parental rights and spouse rights like the kidnapping of children or rape of spouses.  If family relations are impacted when a victim sustains major injuries and is reduced to a vegetative state or suffers paraplegia, the victim's parents, children or spouse may also claim damages from the wrongdoer on the ground that their legal benefits of status are infringed based on the identity relationship such as family ties and family ethics.  Even if the victim subsequently dies due to severe and untreatable injuries, practical opinions indicate that the wrongdoer's infringement of the legal benefits of status of the victim's family still exists.  Therefore, the victim's family can also claim non-property damages in accordance with Article 195, Paragraph 3 of the Civil Code.
On the Legal Benefits of Status under Article 195, Paragraph 3 of the Civil Code

 


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