Over the past several years, it has be-come increasingly difficult to determine what types of evidence are needed for an employee or ex-employee to have a viable discrimination claim.
Coming out on the short end of an important ruling by a trial court, lawyers, like normal people, often reach for an excuse. The sting of losing is perhaps most often soothed by finding fault with the judge.
It is routine for employers to perform background checks on potential new employees before extending a job offer. After all, applicants are not always accurate about their past, and a bad hire can substantially damage a business -- both financially and through a loss of goodwill.
The annals of Section 1983 litigation are filled with claims of constitutional rights violations by authorities due to plaintiffs’ race, religion or national origin. Far less litigation centers on state origin. As in police searching a car because it has out-of-state tags or because its driver hails from another state. Yet, this is what brought Peter Vasquez into court.
Japanese gymnast Kohei Uchimura fell from the horizontal bar in preliminary competition at the Rio Olympics, landing on his back with a resounding thud. The resulting score of 14.300 meant he would not bid for gold, even as the reigning world champion of the event, six-time world gymnastics champion, defending Olympic gold medalist in men’s gymnastics and the “greatest gymnast ever” according to USA Today.
In a 1995 “Seinfeld” episode, George Costanza takes exception when he spots a security guard forced to stand his entire shift while on duty at a men’s store. His outrage is appeased only when he later decides to provide the guard with a chair.
Under a new law (35 ILCS 200/9-275), the Cook County Assessor is hunting for homeowners who are claiming property tax exemptions for which they do not qualify. The consequences can include repayment of up to 6 years of unpaid tax, plus 10% interest per year plus a penalty of 50% of the total unpaid tax. Moreover, the Assessor is authorized to record liens against real estate if the homeowner does not pay as required.
Just in time for summer, consider the plight of snowboarders in the Wasatch Mountains of northern Utah, home of the Alta Ski Area. Alta is well-known as a skiers-only resort. It is one of only three in the country that bans snowboarders.
One of the most feared prospects for many employers is a workforce unionization effort. Management and human resources personnel will often take vigorous measures to avoid the increased labor expense and inflexibility regarding personnel decisions that seem to invariably follow once a company becomes unionized.
By now, virtually every consumer knows of or was affected by highly publicized hacking incidents involving large companies’ computer systems. The 21st century crime of data breaching, most recently aimed at certain lawyers’ papers in Panama City, Panama, also famously victimized Target, Home Depot, Ashley Madison, Sony, eBay and, ironically, the ID theft-protection firm Lifelock, among others.
Jeff Samardzija of the 2015 White Sox finished last in the league in total earned runs and gave up the most hits and home runs. Following that performance, he still signed a new five-year, $90 million deal with the San Francisco Giants. At least the “Shark” won 11 games last season.
Legal questions posed by friends and family are expected by most lawyers. What is unexpected is one recurrent question. “Should he blow?” Other lawyers who double as parents of high school- and college-age drivers will surely relate.
Cold beer and the U.S. Constitution. Linking together these revered but distinct foundations of America seems a bit off.
Serving as a director on corporate boards is often quite an honor, carries prestige and can prove rewarding. Yet, as a San Francisco federal court just demonstrated, it can also come with significant risk.
Prominent among judicial doctrines ripe for reversal — right up there with contributory negligence and baseball’s antitrust exemption — is the rule immunizing the government from negligence claims by military personnel for injuries suffered on the job.
When Independent Sales Representatives get together to network in either a public or private forum, the discussion often turns to, “What happens to my agency in the event of my death, disability, or retirement? What is the best way to retire without hurting my employees, principals, customers, and other important industry relationships?”
Actor and director Michael Keaton, who occupied the title role in “Birdman,” “Batman” and “Beetlejuice,” among other “B” movies, was also signed to direct and star in “The Merry Gentleman,” a 2009 release that met with a less than merry fate at the box office. In the aftermath of the film’s failure, the recriminations began, and the producer quickly zeroed in on Keaton.
Few bills arriving in the mail are welcome, but certain billers are more daunting than others. Should the tuckpointer send a bill higher than agreed, a friendly discussion about his “extras” likely lies ahead.
While not quite reaching the death and taxes level of certainty, some issues brought to the appellate court still produce highly predictable outcomes. Challenges to foundations laid by expert witnesses are usually addressed adequately through cross-examination.
Some appellate cases present novel issues or test established doctrines. Others reach the appellate court on thornyprocedural or technical questions. And then there’s Marshel Copple, whose peculiar case helps explain why appellate courts often issue unpublished decisions.