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|On the Legal Benefits of Status under Article 195, Paragraph 3 of the Civil Code|
Emily Chueh; Lee Tsai Partners Attorneys-at-Law;
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
|Reversing Racial Discrimination Claims Is Difficult, but Not Impossible|
Goldberg Segalla LLP;
June 10, 2014, previously published on June 4, 2014Despite the heightened scrutiny given to reverse racial discrimination claims, it is difficult but not impossible to prevail under the right circumstances.
|The Rising Cost of Having a Baby...If You Discriminate Against the Mother|
Katherine L. Holley; Carlock, Copeland & Stair, LLP;
June 10, 2014, previously published on May 22, 2014An interesting trend is taking shape in pregnancy discrimination cases. Between 2010 and 2013, the number of pregnancy discrimination charges filed with the EEOC decreased by 12%, but the total monetary benefits paid out increased by 15%. In addition to monetary benefits paid, employers are often...
|Governor Signs Tennessee Employment Litigation Reform Bill|
Jackson Lewis P.C.;
June 9, 2014, previously published on May 30, 2014Tennessee Governor Bill Haslam has signed into law a bill removing individual liability for employment discrimination under the Tennessee Human Rights Act from supervisors or employer agents, and capping discriminatees’ “non-pecuniary” damages, among other things. The new law will...
|Effective July 1, 2014: Caps To Be Placed on Non-Monetary Damages Sought Under the THRA, TDA, and TPPA|
Charlotte S. Wolfe; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
June 5, 2014, previously published on May 28, 2014Tennessee’s governor just signed a highly significant employment litigation reform bill that will benefit employers throughout the state. The new law applies to all causes of action starting July 1, 2014. The bill places caps on the availability of non-monetary damages (pain, suffering,...
|“Men’s Day” Customer Appreciation Event Discriminatory|
Meaghan McWhinnie, Meaghan McWhinnie, Daniel Pugen, Daniel Pugen; McCarthy Tétrault LLP;
June 3, 2014, previously published on May 21, 2014In McConaghie v. Systemgroup Consulting Inc., 2014 HRTO 295, the Ontario Human Rights Tribunal (HRTO) found that an employer discriminated against a female employee on the basis of sex by sponsoring a customer appreciation event that was for men only. The HRTO also found that the employer...
|When Is a Partner Not a Partner? Control, Dependency and the Lurking Spectre of a Duty of "Good Faith"|
Julia Bennett, Alexandra Cocks, Jordanna Cytrynbaum; McCarthy Tétrault LLP;
May 29, 2014, previously published on May 27, 2014On May 22, the Supreme Court of Canada upheld the British Columbia Court of Appeal’s decision that an equity partner in a law firm was not an employee for the purposes of the B.C. Human Rights Code (Code).
|“Control and Dependency Define the Essence of Employment”, SCC Rules|
Ryley Mennie; McCarthy Tétrault LLP;
May 29, 2014, previously published on May 22, 2014The Supreme Court of Canada released a highly-anticipated decision for professional partnerships, employers and employees today in McCormick v Fasken Martineau DuMoulin LLP. We commented previously on the facts of the case and the history of proceedings to the British Columbia Court of Appeal.
|This Week in Racism|
Kohrman Jackson Krantz PLL;
May 29, 2014, previously published on May 19, 2014If you’re a public figure and you’re caught calling the President “that f—king n-----,” do you:
|This Week in Racism (Part 2): Macklemore|
Kohrman Jackson Krantz PLL;
May 29, 2014, previously published on May 20, 2014Last night, I caught up on Louie on my DVR. At the end of the episode, Louis CK made the following observation about love: