Illinois Puts The Squeeze On Employers
4/19/21
By: Eileen Darroll
Illinois has passed three new laws that expand employee’s rights. These laws will impact the way employers hire and retain employees in substantial ways.
SB 1480 amends the Illinois Human Rights Act making it a violation to …
SCOTUS Grants Injunctive Relief In Free Exercise Case Challenging California’s COVID-19 Restrictions
4/14/21
Building on its pandemic-era Free Exercise Clause decisions, SCOTUS rejected the Ninth Circuit’s analysis of California’s COVID restrictions on religious activities for the fifth time on Friday (4/9/21). In a 5-4 vote in Tandon, et al. v. …
Did New Mexico Really “End” Qualified Immunity?
4/13/21
By: Wes Jackson
State and federal legislators are making a concerted push to end or curtail the defense of “qualified immunity,” which provides government employees a defense to civil rights claims in some circumstances. At the federal level, House Democrats …
Handling Telework Requests in a Post-COVID Environment
4/13/21
By: David Chang
As COVID-19 numbers retreat and vaccine distributions increase, many businesses that shifted to a Working From Home (“WFH”) environment are preparing to transition back to the office. This will likely bring increased requests for “reasonable accommodations” under …
It May Be Legal, But It’s Not Civil
4/13/21
By: Michael Weinberg
A recent decision in the matter of Legal Sea Foods, LLC v. Strathmore Insurance Company, USDC (Mass) further addressed coverage for business income and extra expense losses caused by both state and local governments nationwide orders (the “Orders”) in …
The First Amendment Shield Against Student & Faculty Discipline
4/13/21
Two recent federal court decisions give guidance to public universities on the interplay of free speech, academic freedom, free exercise of religion, and diversity and inclusion initiatives. The two cases have great significance for colleges and universities …
Websites Not Considered Places of Public Accommodation under the ADA
4/9/21
By: Joyce Mocek
The Eleventh Circuit recently held that websites of businesses open to the public are not necessarily considered places of public accommodation under Title III of the Americans With Disabilities Act (ADA). The ADA prohibits discrimination on the …
4/8/21
By: Kevin G. Kenneally, Esq. and William E. Gildea, Esq.
The embattled NY Governor Andrew Cuomo backtracked on his signature pandemic legislation that recently unraveled and marred his reputation, as allegations of cronyism and endangering the state’s most vulnerable elderly …
Texas’ Perfect Storm May Result In Largest Insured Loss In Texas History
4/8/21
By: Ken Coronel
Texas residents are still recovering from the extreme winter storm which left the state reeling from days of widespread blackouts, water shortages, millions left in the dark, and business closures. From the standpoint of the carriers writing …
A Massachusetts Attorney Is Suspended for Overbilling Clients
4/7/21
By: Nancy Reimer and Eleni Demestihas
In the Matter of [Attorney] (SJC 12850) the Massachusetts Supreme Judicial Court found the attorney not only charged excessive fees to multiple clients but did so intentionally over a matter of months. In 2015, …
U.S. Department of Education Announces Plans to Review Its 2020 Title IX Regulations
4/6/21
By: Candice Jackson
The U.S. Department of Education (ED) announced today that to comply with President Biden’s Executive Order 14021, ED’s Office for Civil Rights (OCR) will commence a “comprehensive review” of ED’s 2020 Title IX sexual harassment regulations. …
4/2/21
By: Joshua Ferguson
Maryland Court of Special Appeals discussed the emerging Reptile Theory approach favored by plaintiffs’ attorneys. Reptile Theory approach encourages jurors to favor personal safety and the protection of family and community above the law. Courts have previously …