Blog Archive: August 2013

“Apparent Authority” Might Limit Vance’s Effect

Posted on Fri, 2013-08-30 19:27 by JGL Associate Attorney in Labor Employment

sexual harassment

The Supreme Court’s recent ruling in Vance v. Ball State University changed the landscape for employees claiming discrimination under Title VII, including sexual harassment.[1] In Vance, the Court limited the definition of a “supervisor” to being a person who can “take tangible employment actions” against the employee, meaning a “significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.”[2]

Maryland High Court rules that, while generally the jury is not entitled to be told that the defendant physician is not board certified, there are instances in which that evidence may be admissible.

Posted on Fri, 2013-08-30 15:57 by Burt M. Kahn in Medical Malpractice

medmal pic

In the recent case of Little v. Schneider (August 22, 2013), the Maryland Court of Appeals unanimously reinstated a $2.874 million verdict issued for a plaintiff by a Harford County, MD jury. The jury found that Dr. Schneider (acting as a specialist in vascular surgery) negligently used the wrong size graft in attempting to perform an arterial bypass. This allegedly caused massive bleeding, leaving Ms. Little permanently paralyzed.

Schools are Back in Session – Be on the Lookout for Children and School Buses

Posted on Fri, 2013-08-30 15:57 by Celeste Cunningham in Personal Injury

School_Bus pic

You’ve made it to your car, coffee in hand, still rubbing the sleep out of your eyes to begin your commute to your office when suddenly up ahead you see something. What is that? Its huge, its yellow, it has flashing red lights and a huge stop sign attached to its side – oh yes, it is a SCHOOL BUS!

D.C.’s New Pre-Litigation Insurance Disclosure Law - Leveling the Playing Field will Help Personal Injury Plaintiffs Resolve Claims Faster

Posted on Fri, 2013-08-23 16:52 by Celeste Cunningham in Civil Litigation, Personal Injury

The Pre-Litigation Discovery of Insurance Coverage Amendment Act of 2012 is now in effect in the District of Columbia and offers a new and powerful tool to Plaintiffs and their personal injury attorneys in settling claims for maximum value.

The Supreme Court’s Declaration of DOMA as Unconstitutional Expands Family and Medical Leave Coverage to Same-Sex Spouses

Posted on Fri, 2013-08-23 13:40 by JGL Associate Attorney in Labor Employment

fmlatree

The Family and Medical Leave Act of 1993 (the “FMLA”) provides much-needed flexibility for employees who need time off of work in order to care for personal or familial needs.[1] Title I[2] of the FMLA allows eligible employees[3] working for a covered employer[4] up to 12 weeks of unpaid leave to care for a “spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition,” among other reasons.[5]

Time to Rethink Using Sex and Marital Status to Confer Federal and State Benefits*

Posted on Fri, 2013-08-23 13:10 by Harvey S. Jacobs in Real Estate

On June 26, 2013, the United State Supreme Court issued its 5-4 opinion in the case of United States v. Windsor. This opinion found that section 3 of the Defense of Marriage Act (DOMA) was unconstitutional. Section 3 defined the word “marriage” to mean “only a legal union between one man and one woman as husband and wife, and defined the word “spouse” as only person of the opposite sex who is a husband or a wife. 1 U.S.C. §7.

Two Laws That Work Well Together – The False Claims Act (FCA) and the Wartime Suspension of Limitations Act (WSLA)

Posted on Wed, 2013-08-21 16:02 by Brian J. Markovitz in False Claims Act, Labor Employment

The False Claims Act (FCA), originally conceived by Abraham Lincoln during the Civil War, has been an effective tool for the Government to recover funds fraudulently taken from all types of government programs from national security to Medicare for over a century and a half. But like all statutes, the FCA has its limitations, including time. Until recently, it was believed that with little exception fraudulently taken taxpayer funds could be recovered only for a period of six years prior to the filing of a complaint. 31 U.S.C. § 3731(b).

Coverage for Shy Bladder Syndrome Shows How Much the ADA’s Coverage has Expanded

Posted on Fri, 2013-08-16 17:31 by Jeremy Schneider in Discrimination, Labor Employment

Many employers and certainly many employees may be shocked to learn that “Paruresis,” commonly known as “shy bladder syndrome” or the inability to urinate with others present, qualifies as a disability under the Americans with Disabilities Act Amendments Act of 2008 (“ADAAA”). Although the subject is somewhat comical at first blush, it is crucial that employers and employees know that the protections afforded employees are broader than ever. This was not always so; especially for shy bladder syndrome.