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HTMLNew York Tests Daimler's Limits with Its Consent-to-Jurisdiction Rule for Foreign Companies Registering to Do Business in the State
Harold K. Gordon, Sevan Ogulluk; Jones Day;
Legal Alert/Article
July 3, 2015, previously published on June 2015
The U.S. Supreme Court's 2014 blockbuster holding in Daimler AG v. Bauman significantly limited the circumstances in which U.S. courts can exercise general jurisdiction over foreign corporate defendants. Commonly referred to as "all-purpose" jurisdiction, general jurisdiction authorizes...

 

HTMLA Stronger Defense Against Motions for Medical Treatment: Why a Doctor’s Report may no Longer be Sufficient to Support a Petitioner’s Request for Treatment
Daniel A. Abelson; Capehart & Scatchard, P.A.;
Legal Alert/Article
July 3, 2015, previously published on June 30, 2015
The Appellate Division recently released its decision in the case of Amedeo v. UPS, No. A-1013-13T2 N.J. Super. Unpub. LEXIS 753 (App. Div. April 8, 2015). In Amedeo, the court reshaped the evidentiary standard for a petitioner to prevail on a Motion for Medical Treatment and/or Temporary...

 

HTMLFourth Circuit Rules Public Employees May Not Bring Public Employment Discrimination Claims Under Title II of the ADA
Nida Kanwal; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 3, 2015, previously published on June 2015
Montgomery County, Maryland operated a call center using software that was inaccessible to blind employees. Yasmin Reyazuddin, a blind employee, was not transferred to this new call center, nor was she hired for an available position there. Reyazuddin claimed Montgomery County violated Section 504...

 

HTMLIHSA and Attorney General Reach Settlement in Disabled Athlete Litigation
Matthew Hefflefinger; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
July 3, 2015, previously published on June 26, 2015
On June 24, firm client the Illinois High School Association (IHSA) announced a settlement with the Office of Illinois Attorney General Lisa Madigan regarding litigation pending in the U.S. District Court for the Northern District of Illinois addressing participation opportunities for student...

 

HTMLNo Merit in Appellant’s Claims that Board of Education of Anne Arundel County Violated His Rights Under the Family and Medical Leave Act and Americans with Disabilities Act
Caroline E. Willsey; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 3, 2015, previously published on June 2015
In Andrew Adams v. Anne Arundel County Public Schools, No. 14-1608 (U.S. Court of Appeals for the Fourth Circuit, June 15, 2015), Adams appealed the district court order granting summary judgment to the Board of Education of Anne Arundel County (the “Board”) on Adams’ claims that...

 

HTMLNew Texting and Driving Decision in Delaware
William R. Adams; Dickie, McCamey & Chilcote, P.C.;
Legal Alert/Article
July 3, 2015, previously published on June 30, 2015
A recent case in the state of Delaware adds to the growing body of case law interpreting state statutes banning the use of cell phones and other hand-held electronic devices while driving. In Johnson v. Nelson, 2015 Del. Super. LEXIS 224, decided on April 29, 2015, the trial court determined that...

 

HTMLCOVERAGE ALERT: Guam Industrial Services, Inc. v. Zurich American Ins. Co. (9th Cir. 2015) ----- F.3d-----, 2015 DJDAR 5948, Case No. 13-17005
McCormick Barstow Sheppard Wayte Carruth LLP;
Legal Alert/Article
July 3, 2015, previously published on July 3, 2015
Guam Industrial owned and operated a dry dock in Apra Harbor, Guam, which sank on January 2, 2011, taking with it about 113,000 gallons of oil sealed in barrels. The containers were not breached and Guam Industrial was able to recover the containers, at a cost of approximately $647,000, without any...

 

HTMLFourth Circuit Dismisses Employment Discrimination Lawsuit Because Plaintiff Was Found to Have Waived His Right to Bring a Claim Pursuant to a Settlement Agreement
Nida Kanwal; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 3, 2015, previously published on June 2015
Sundersingh Bala, a man of Indian origin, had been employed in the accounting department of the Commonwealth of Virginia Department of Conservation and Recreation (“DCR”) since 1985. Over the years, he had filed numerous employee grievances with the Department of Employee Dispute...

 

HTMLFederal Court Rules that NJ’s Wage and Hour Law Allows for Filing of Private Overtime Claims
Ralph R. Smith; Capehart & Scatchard, P.A.;
Legal Alert/Article
July 3, 2015, previously published on June 29, 2015
In a case of first impression, a Federal District Judge has ruled that New Jersey’s Wage and Hour Law allows for a private right of action to be brought by employees for a claim of non-payment of overtime.

 

HTMLMerry-Go-Round Found Not to Be a Dangerous Condition under Tort Claims Act
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
July 3, 2015, previously published on June 29, 2015
The plaintiff Brianna Ackerman, a minor, was injured during recess, while using her middle school’s playground merry-go-round. In Ackerman v. Franklin Twp. Board of Education, 2014 N.J. Super. Unpub. LEXIS 2978 (App. Div. Dec. 30, 2014), the plaintiff argued that the merry-go-round was a...

 


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