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|E.M. v. Pajaro Valley USD|
Rutan Tucker LLP;
August 1, 2014, previously published on July 2014On July 15, 2014, the United States Court of Appeals for the Ninth Circuit issued its most recent opinion regarding the Individuals with Disabilities Education Act of 2004 (“IDEA”): E.M. v. Pajaro Valley USD. The appellate court upheld the district court’s judgment in favor of...
|Supreme Court Rules Cell Phone Searches Violate Privacy Rights|
David C. Driscoll, Paul T. Stein; Stein Sperling Bennett De Jong Driscoll PC;
July 29, 2014, previously published on July 14, 2014The United States Supreme Court ruled recently that cell phones including smartphones cannot generally be searched without a warrant on an arrest by police. The unanimous decision written by Chief Justice John Roberts resolves an issue which had divided lower courts since the advent of the digital...
|Second Circuit Finds Possible Pretext in Vague Justification for Non-Transfer|
Adam Pekor, Kevin J. Smith; Sheppard, Mullin, Richter & Hampton LLP;
July 24, 2014, previously published on July 17, 2014On July 14th, the U.S. Court of Appeals for the Second Circuit vacated an award of summary judgment for the defendants in Abrams v. Department of Public Safety, State of Connecticut, et al., Case No. 13-111, holding that statements concerning an employee’s “fit” for a position...
|Office of Civil Rights Ready to Launch HIPAA Audits|
Morris Polich Purdy LLP;
July 17, 2014, previously published on July 8, 2014The Office of Civil Rights (OCR) of the United States Department of Health and Human Services (HHS) has completed its pilot program and is this year rolling out audits to assess compliance with the Health Information Portability & Privacy Act (HIPAA). All Covered Entities and Business...
|US Supreme Court Clarifies Law on Warrantless Cell Phone Searches. Will the Supreme Court of Canada Follow?|
Marlon Hylton; McCarthy Tétrault LLP;
July 17, 2014, previously published on July 15, 2014Lower courts in both Canada and the US have been deeply divided on the application of their respective Supreme Courts’ precedents on whether the police need a warrant to search the contents of a smart/cell phone seized during a lawful arrest. On June 25, 2014, the US Supreme Court unanimously...
|Who Got It Right?|
Lisa Karen Atkins; Ogletree Deakins Nash Smoak Stewart P.C.;
July 15, 2014, previously published on July 14, 2014Gallaudet University Chief Diversity Officer Angela McCaskill’s job was to promote a diverse and inclusive university community. Not only was she the institution’s first chief diversity officer, she was the first black, deaf woman to earn a Ph.D. from Gallaudet, which was founded to...
|Iowa Supreme Court Embraces the ADAAA|
Randall D. Armentrout; Nyemaster Goode, P.C.;
July 14, 2014, previously published on July 1, 2014On 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...
|U.S. Government Accountability Office Reviews Emerging Regulatory, Law Enforcement, Consumer Protection Challenges of Virtual Currencies|
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
July 14, 2014, previously published on July 9, 2014Virtual currencies--digital representations of value that are not government-issued--have grown in popularity in recent years. This was underscored by an Internal Revenue Service March 2014 declaration that virtual currencies will now be treated as property for U.S. federal taxation purposes.
|Ontario Human Rights Commission Releases New Policy on Mental Health Disabilities and Addictions|
Benjamin T. Aberant; McCarthy Tétrault LLP;
July 7, 2014, previously published on June 24, 2014On 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...
|Political 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.;
July 1, 2014, previously published on July 1, 2014The 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...