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|Will the Ohio Supreme Court Eliminate Manager and Supervisor Liability for Discrimination?|
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
July 30, 2014, previously published on July 29, 2014Ohio’s discrimination is unique in that it allows for the imposition of individual liability against managers and supervisors for their personal acts of discrimination. The case, Genaro v. Central Transport (1999), is the bane of defense lawyers and employers alike. Aside from adding a...
|Summary Judgment Granted In Claim For Subrogated Damages|
Adriana De Marco; Borden Ladner Gervais LLP;
July 30, 2014, previously published on July 30, 2014The action arose after the plaintiff, a pharmaceutical company, entered into an agreement (the “Agreement”) with one of the defendants, UPS SCS (“UPS”), pursuant to which UPS was to store vaccines belonging to the plaintiff in a temperature-controlled environment....
|Florida's Citizens Property Insurance Extends Optional Sinkhole Repair Offer to 600 Policyholder Litigants|
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
July 30, 2014, previously published on July 29, 2014After finalizing a similar agreement with another law firm approximately two weeks ago involving 300 policyholders, Citizens Property Insurance Corporation ("Citizens") announced today, July 29, 2014, that it has made settlement offers to 600 additional Citizens sinkhole policyholders who...
|U.S. Supreme Court Holds that Non-Union Quasi Public Employees May Not Be Forced to Pay Agency Fees to Union|
Hancock Estabrook LLP;
July 30, 2014, previously published on July 2014On June 30, 2014, the United States Supreme Court rendered a 5-4 decision holding that the agency-fee provision of the Illinois Public Labor Relations Act (PLRA) violated the First Amendment. Harris v. Quinn, No. 11-681, 2014 WL 2921708 (June 30, 2014). The case involved Illinois’ Home...
|Circuit Court Split Casts Doubt on PPACA Subsidies for Individuals and Employer Penalties in 36 States|
Brenna M. Clark, Adam B. Cohen, Andrea M. Gehman, Michael A. Hepburn, Paul R. Lang; Sutherland Asbill & Brennan LLP;
July 30, 2014, previously published on July 24, 2014Two federal appeals courts issued conflicting rulings on July 22 on whether individual premium subsidies under the Patient Protection and Affordable Care Act (PPACA) are available in 36 states that have federally run insurance exchanges. Because employer penalties can be triggered when employees...
|Supreme Court Holds Public Employee's Testimony is Protected by First Amendment|
Hancock Estabrook LLP;
July 30, 2014, previously published on July 2014In a unanimous decision authored by Justice Sotomayor, the United States Supreme Court held that the First Amendment protects a public employee who provides truthful sworn testimony, compelled by subpoena, outside the scope of his ordinary job responsibilities. Lane v. Franks, No. 13-483, 2014 WL...
|Motor Carriers Face Uphill Battle After California Supreme Court Decision|
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
July 30, 2014, previously published on July 29, 2014Harris v. Pac Anchor Transportation, Inc., No. S194388 (July 28, 2014): In a unanimous decision, the California Supreme Court has held that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt an action brought under California’s Unfair Competition Law (UCL)...
|Duck, Duck, Goose? No, Says the Court - Aereo Remains Yet Another Duck|
Dentons Canada LLP;
July 29, 2014, previously published on July 9, 2014Many jurisdictions around the globe face complex questions resulting from the use of new technologies for internet redistribution of over-the-air linear broadcast signals in a manner that could threaten traditional television.
|FDA issues final rule and guidance on records access as required by the Food Safety Modernization Act|
T.H. Lyda; Burns White LLC;
July 29, 2014, previously published by Burns White websiteToday the Food and Drug Administration (FDA) announced the adoption of the interim final rule “Establishment, Maintenance, and Availability of Records: Amendment to Record Availability Requirements,” affirming the change to FDA’s record access as required by the Food Safety...
|High Bar for Bifurcation|
Stephen Mulrain; Davis LLP;
July 29, 2014, previously published on July 24, 2014An application for leave to appeal to the Supreme Court of Canada from the decision of the Alberta Court of Appeal in Lakhoo v Lakhoo was recently denied. The Court of Appeal had overturned the decision of Madame Justice Horner of the Court of Queen’s Bench to bifurcate (or sever) the issues...