Service Dog for Nursing Student Not a Reasonable Accommodation in Medical Facility
A federal district court recently ruled that a nursing student was not unlawfully discriminated against when she was not permitted to use her service dog to accompany her on patient rounds. In Bennett v. Hurley Medical Center the plaintiff suffered from generalized anxiety disorder along with panic attacks. She had
US Supreme Court to Decide Scope Bounds of Attorney Client Privilege
Communication with an attorney is commonly thought to be a privileged communication such that the content of the communication is protected from discovery by third parties. This applies whether the communication is written or oral. Many people believe that any communication with an attorney is protected by disclosure to third
United States Supreme Court “Major Questions Doctrine”
In West Virginia v. EPA, No. 20-1530 (June 30, 2022), the United States Supreme Court applied what is known as the “major questions doctrine.” Under this judicial doctrine, which originated in FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120 (2000), a federal agency must point to clear congressional authorization for
Cole County Jury Awards Fired Employee Over $2 Million
On April 9, 2022, a Cole County jury awarded more than $2 million to a former researcher at the Missouri House of Representatives. The plaintiff claimed he was discriminated against when he was fired in 2017, after his supervisors failed to properly accommodate his request for medical disability and was
Fourth Circuit’s Reinstatement of $1.2 Million Award Highlights Risk of Arbitration Agreements
On February 24, 2022, the Fourth Circuit restored a $1,186,975.00 arbitration award for a North Carolina securities wholesaler (“Warfield”) who alleged that his former employer ICON Advisers Inc. (“ICON”) unlawfully fired him without cause. Warfield v. Icon Advisers, Inc., No. 20-1690, __ F.4th__, 2022 WL 552029, (4th Cir. Feb. 24,
COVID 19 Shutdown Not Covered Under Insurance Policy
In the case, Steven Baker v. Oregon Mutual Insurance Co., 21-51097, the Ninth Circuit joined other appellate courts in finding that restaurants were not entitled to insurance coverage for losses due to the COVID-19 pandemic shutdowns. A panel of judges affirmed a district court opinion that the pandemic and pandemic-related shutdown orders did
New Law Negates Mandatory Arbitration Agreements for Claims of Sexual Assault or Sexual Harassment
On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”). The Act voids pre-dispute arbitration agreements that require a party to arbitrate sexual assault or sexual harassment claims. As a result, it is now unlawful throughout
