The Journey of Litigation
Law School Toolbox Podcast Episode 504: Listen and Learn -- Motions for Judgment as a Matter of Law and Motions for New Trial (Civ Pro)
Bar Exam Toolbox Podcast Episode 306: Spotlight on Civil Procedure (Part 3 – The Civil Lawsuit)
Law School Toolbox Podcast Episode 412: Listen and Learn -- Motions for Summary Judgment
What Litigants Need to Know about Summary Judgment
JONES DAY TALKS®: Tiffany v. Costco Raises Trademark Infringement, Counterfeiting Questions
Patent Infringement: Successful Litigation Stays the "Course"
Podcast: Non-binding Guidance: Examining FDA’s Enforcement Authority Over Stem Cell Clinics and Compounders
K&L Gates Triage: Avoiding the Risks Associated with Mandatory Vaccination Programs
A recent decision from the U.S. District Court for the Western District of Washington highlights the importance of clear, documented reasons for employee terminations. In Kang v. The Boeing Company, a case involving a former...more
The Americans with Disabilities Act (ADA) places certain limitations on an employer’s ability to ask questions regarding an employee’s medical conditions. One important exception concerns “fitness for duty assessments.” Once...more
On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s...more
Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability...more
Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability...more
On September 15, 2021, the Tenth Circuit Court of Appeals upheld a district court’s grant of summary judgment in favor of an employer. In Brown v. Austin, the Tenth Circuit found that an employee’s telework, weekend work, and...more
An employer’s past leniency in applying and enforcing its attendance policy did not contradict the employer’s later position that regular worksite attendance was required for employment, the U.S. Court of Appeals for the...more
In a recent opinion, the United States Court of Appeals for the Seventh Circuit affirmed that a multi-month leave of absence is not a reasonable accommodation under the Americans with Disabilities Act (ADA)....more
On December 30, 2020, the U.S. Court of Appeals for the Seventh Circuit issued its opinion in McAllister v. Innovation Ventures, LLC, No. 20-1779 (7th Cir., Dec. 30 2020), and held that an employer did not violate the ADA...more
The U.S. Tenth Circuit Court of Appeals recently issued an opinion in Mestas v. Town of Evansville, reversing summary judgment on an employee’s ADA hostile work environment and retaliation claims — finding the employee’s...more
Seyfarth Synopsis: A federal district court in Arkansas recently denied an employer’s motion for summary judgment on two EEOC-initiated ADA claims – in EEOC v. Crain Automotive Holdings LLC, No. 4:17-CV-627, 2019 U.S. Dist....more
Recently, the United States Eighth Circuit Court of Appeals reaffirmed that regular and reliable attendance is an essential function of most jobs under the Americans with Disabilities Act (“ADA”). Lipp v. Cargill Meat...more
Not all requests for accommodation or FMLA leave will fit into neat boxes like “pregnancy” or “knee surgery.” Because the ADA definition of a disability includes any impairment that affects a major life function, employers...more
Seyfarth Synopsis: The Tenth Circuit has recently vacated summary judgment in favor of an employer in a religious accommodation case that centers on what constitutes a “reasonable” accommodation of an employee’s observance of...more
Seyfarth Synopsis: Under California law, obesity can qualify as a disability if it has a physiological cause and limits a major life activity. Proving such a claim has been difficult. The First District Court of Appeal’s...more
This week the 7th Circuit Court of Appeals issued a decision helpful to employers grappling with whether they must extend an employee’s time off following the expiration of Family and Medical Leave Act (FMLA) leave as a...more
The Ninth Circuit Court of Appeals recently ruled against a failure-to accommodate claim brought by a customer service employee who was fired for poor performance. According to the court, the former employee, who suffered...more
The obligation to accommodate a disabled employee is an ongoing one; a doctor’s note may not be a prerequisite to engage in the interactive process – those are two important lessons that employers should take away from a...more
Here is a common human resource scenario: An employee goes out of work on medical leave. While she is away from work, the managers or co-workers who cover her duties discover that the work can be readily accomplished without...more
Seyfarth Synopsis: California Court of Appeal reverses a summary judgment for an employer that failed to follow its own policy regarding layoffs. Moore v. Regents of the University of California serves as a reminder to...more
Employers frequently offer light duty work as a means for injured employees to return to their regular job duties. Light duty is typically associated with employees with Workers’ Compensation related injuries. ...more
In Casteel v. Charter Communications, Inc., No. C13-5520 RJB (W.D. Wash. Oct. 23, 2014), a federal judge in Western Washington denied an employer’s motion for summary judgment on a failure-to-accommodate claim under the...more