Can parents legally agree to financially protect third parties from claims arising from their children’s injuries? In MK v. Auburnfly, LLC, (No. 364577, 2024 WL 5148278, Dec. 17, 2024), a published opinion, the Michigan Court...more
1/3/2025
/ Appeals ,
Bodily Injury ,
Contract Terms ,
Hold Harmless ,
Indemnification ,
Minors ,
Negligence ,
Premises Liability ,
Public Policy ,
Third-Party ,
Third-Party Liability ,
Unenforceable Contract Terms ,
Void and Unenforceable
The U.S. Court of Appeals for the Sixth Circuit has ruled that the waiver of a State's immunity under Title V of the Americans with Disabilities Act (ADA) is unconstitutional. This ruling permits a State to defend a Title V...more
“Third party” or “associational” retaliation is reprisal taken by an employer against someone other than the person who engaged in “protected conduct.” In 2011, the U.S. Supreme Court ruled that Title VII’s anti-retaliation...more
5/14/2024
/ Anti-Discrimination Policies ,
Appeals ,
Employment Litigation ,
Hiring & Firing ,
MI Supreme Court ,
Protected Activity ,
Retaliation ,
Reversal ,
SCOTUS ,
Termination ,
Third-Party ,
Third-Party Relationships
When has a party waived its contractual right to arbitrate? Until recently, most federal Courts of Appeal—including the Sixth Circuit— held that a party who participates in litigation (e.g., by serving and responding to...more
Can a collective bargaining agreement (CBA) limit the authority of a labor arbitrator to determine the appropriateness of a disciplinary punishment? It can, but only when the CBA clearly says so, reiterated the Michigan Court...more
1/4/2024
/ Appeals ,
Arbitration ,
Arbitration Awards ,
Arbitrators ,
Code of Conduct ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Disciplinary Proceedings ,
Employment Litigation ,
Just Cause ,
Reinstatement
On December 17, 2021, a divided Sixth Circuit Court panel issued an opinion dissolving the Fifth Circuit's stay of the Emergency Temporary Standard (ETS) on COVID-19 Vaccination and Testing issued by the Occupational Safety...more
12/20/2021
/ Appeals ,
Compliance Dates ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Order to Lift Stay ,
OSHA ,
Petition for Writ of Certiorari ,
Stays ,
Temporary Regulations ,
Time Extensions ,
Vaccinations
Immediately after OSHA published its Emergency Temporary Standard (ETS) on COVID-19 Vaccination and Testing for private sector workers, various individuals, covered employers, states and other groups challenged its validity...more
11/15/2021
/ Appeals ,
Appellate Courts ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
OSHA ,
Public Health ,
Statutory Authority ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing
Title VII of the 1964 Civil Rights Act prohibits retaliation against employees because they either oppose discriminatory actions (the "Opposition Clause") or because of their participation in an investigation, proceeding, or...more
6/9/2021
/ Appeals ,
Civil Rights Act ,
EEO ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Human Resources Professionals ,
Protected Activity ,
Public Policy ,
Retaliation ,
Reversal ,
Summary Judgment ,
Title VII ,
Wrongful Termination