Do You Have a Constitutional Right to Smoke on Public Property?
11/9/12
By: Sun Choy
According to the United States Court of Appeals for the Eighth Circuit, there is no constitutional right to smoke on public property. In Gallagher v. City of Clayton, Missouri, the court rejected plaintiff’s request to declare …
Statutes Affecting Indemnification Agreements in Construction Contracts
11/6/12
By: Kamy Molavi
It is quite common for parties involved in construction projects to include indemnity provisions within their construction contracts. In recent years, a majority of states have enacted anti-indemnity statutes that restrict, modify, or invalidate indemnification agreements in …
When is Medical Care Not an Emergency? Clever Lawyering Finds a Loophole in the Stringent Gross Negligence Standard
11/5/12
By: Mike Flint and Laura Broome
In 2005, the tort reform passed by the Georgia legislature included a statute that changed the standard for suing emergency room health care professionals in medical malpractice actions. The statute in essence states that …
EEOC to Continue Focus on Systemic Discrimination
11/5/12
By: Ben Mathis
Over the last few years, in both formal policy statements and in many public presentations, the EEOC has emphasized that it’s investigative and litigation focus is on cases involving “systemic discrimination.” In other words, the EEOC has …
Supreme Court to Decide Whether Police Dog Sniffs Pass the Fourth Amendment “Smell Test”
11/2/12
By: Brian Dempsey
This past week, the United States Supreme Court heard two cases which are expected to clarify the Fourth Amendment limitations on police officers’ use of drug-sniffing dogs.
In the first case, Florida v. Jardines, the Supreme …
EEOC to Continue Focus on Systemic Discrimination
11/1/12
By Ben Mathis
Over the last few years, in both formal policy statements and in many public presentations, the EEOC has emphasized that it’s investigative and litigation focus is on cases involving “systemic discrimination.” In other words, the EEOC has …
When is Medical Care Not an Emergency? Clever Lawyering Finds a Loophole in the Stringent Gross Negligence Standard
11/1/12
By Mike Flint and Laura Broome
In 2005, the tort reform passed by the Georgia legislature included a statute that changed the standard for suing emergency room health care professionals in medical malpractice actions. The statute in essence states that …
Statutes Affecting Indemnification Agreements in Construction Contracts
11/1/12
By Kamy Molavi
It is quite common for parties involved in construction projects to include indemnity provisions within their construction contracts. In recent years, a majority of states have enacted anti-indemnity statutes that restrict, modify, or invalidate indemnification agreements in …