The Supreme Court, on June 21, 2021, issued its landmark decision in National Collegiate Athletic Association v. Alston, bringing about fundamental change for collegiate athletes seeking benefits and compensation in connection with their athletic performance. In...
Litigation & Arbitration
State Agencies Not Immune from Federal Uniformed Services Employment and Reemployment Rights Act Claims
In a 5-4 decision, the United States Supreme Court held that state agencies are not immune from claims brought under the Uniformed Services Employment and Reemployment Rights Act (USERRA) in the case Torres v. Texas Department of Public Safety, United States Supreme...
Supreme Court Limits Remedy for Violation of Fifth and Sixth Amendment Rights
When the police, acting under the color of law, deprive a person of their civil or constitutional rights, the person generally has two remedies. First, if they are the victim of an unconstitutional search or seizure, a forced or unlawful confession or the deprivation...
Supreme Court Makes It Easier to Challenge Delayed Arbitration Request
Resolving an issue over when a party has waived their right to arbitrate, the United States Supreme Court recently granted plaintiff’s a major victory, holding that litigants are no longer required to show prejudice when opposing a party’s delayed attempt to compel...
Suing a Former Employee Under an NDA has Substantial Risks… Even If You’re Donald Trump
In what appears to be the largest attorney fee award against a political campaign or president, an arbitrator ordered Donald J. Trump for President, Inc. to pay $1.3 million in legal fees and $17,300 in costs to former White House staffer, Omarosa Manigault Newman, as...
Gibson’s v. Oberlin College: How False Accusations Led to a $32-Million Judgement
For the most part, the First Amendment guarantees free speech. But when that speech is false and aimed at inflicting economic harm, it can lead to real liability. Such was the case in Gibson’s Bakery v. Oberlin College. As this case proved, organizations should beware...
What Does the Supreme Court’s Ruling on Section 401 Mean for Residential and Commercial Developers?
The Clean Water Act and Section 401 In 1948, Congress passed the Federal Water Pollution Control Act (FWPCA) as the first rendition of a law intended to address growing pollution of American waters. By 1972, increased awareness of severe water pollution issues and...
Federal Court of Appeals Temporarily Blocks Biden’s Vaccine Mandate
[UPDATE: On Monday, Nov. 8, 2021, the Biden administration filed its response to the 5th Circuit Court of Appeals decision to block OSHA’s much anticipated COVID vaccine rule for private sector employers.] A federal appeals court has put a temporary halt on the Biden...
Ohio Supreme Court Makes “Final” Decisions
Recently, the Supreme Court of Ohio interpreted statutory language to determine that certain administrative agency decisions may be final and not appealable. It was once a foregone conclusion that an entity or individual would have a right to appeal an agency’s...
COVID Vaccine Mandate Update: Another Judge Rules Against Natural Immunity Claim
On Friday, a federal judge ruled against a Michigan State University employee who challenged the school’s vaccine requirement based on the fact that she previously had COVID-19 and recovered. Jeanna Norris asked the court to intervene to block the university’s...