Employer's Duty to Monitor Fees of Retirement Plans
5/22/15
By: Joyce M. Mocek
Last week the U.S. Supreme Court, in Tribble v. Edison International, No. 13-550 (S.C. May 18, 2015) held that employers have a continuing duty to keep watch and monitor Employment Retirement Income Securities …
Supreme Court Defines Equitable Power of Courts in Approving Transfer of Firearms by Convicted Felons
5/20/15
By: Andy Treese and Charles Reed, Jr.
Law enforcement and other government agencies have been given considerable power in confiscating and otherwise prohibiting the use of property owned, used or possessed by persons suspected of criminal activity. What happens to …
“Yer Out!” United States Supreme Court Tosses 4th Pro Se in Forma Pauperis Request Holding that “Three Strikes” Provision Includes Cases Dismissed by a District Court and Pending on Appeal
5/20/15
By: Andy Treese and Charles Reed, Jr.
When Congress codified citizens’ access to courts regardless of their ability to pay costs, federal courts quickly became inundated with prisoner lawsuits. Congress, in turn, enacted the “three strikes” provision in 28 U. …
Supreme Court Grants Qualified Immunity to Police Officers Involved in Encounter with Mentally Ill Woman, Declines to Address Whether ADA Applies to Arrests
5/20/15
By: Andy Treese and Charles Reed, Jr.
This week the United States Supreme Court declined to rule on the issue of whether the Americans with Disabilities Act requires law enforcement officers to provide accommodations to an armed, violent, and mentally …
DOJ Issues Guidance for Best Practices Before, During, and After a Data Breach
5/19/15
By David Cole
In response to the increasing number of data breaches around the county, and the public attention being given to them, the Department of Justice (DOJ) recently issued a guidance document intended to help organizations prepare for and …
Supreme Court to Determine Standard for Constitutional Excessive Force Claims by Pretrial Detainees
5/18/15
By: E. Andy Treese
The Supreme Court of the United States will soon decide the legal standard used to analyze claims of constitutionally excessive force asserted by pretrial detainees under 42 U.S.C. § 1983. The case is Kingsley v. Hendrickson…
New York City Law Restricts Use of Credit Checks for Employment Purposes
5/12/15
By: Behnam Salehi
On May 6, 2015, New York City Mayor Bill de Blasio signed into law a bill restricting employers’ use of credit background checks for employment purposes. The law amends the New York City Human Rights Law (“NYCHRL”) …
The Meaning of EEOC Conciliation
5/8/15
By: Jennifer B. Miller
Under Title VII, the EEOC must “endeavor to eliminate” alleged unlawful employment practices through informal means, such as conciliation, before it can file suit against an employer. On April 29, the Supreme Court issued an opinion …
Homeowners Association Can Charge Fees for Short-Term Rentals
5/5/15
By: Nicholas A. Rogers
While many localities throughout the nation struggle to regulate commercial short-term housing rentals through companies like Airbnb, a state appeals court recently upheld the authority of a California condominium association to charge fees to owners who …
Changes to Property Tax Appeals in Georgia
5/4/15
By: M. Michelle Youngblood
Taxes. For most Americans, that word immediately brings to mind the 15th of April and the payment of federal income taxes. But as property owners in Georgia are well aware, there is another kind of …