News

All eyes are on the Supreme Court this month as the court contemplates a review of three employment discrimination cases involving Title VII protection against discrimination on the basis of sexual orientation and gender identity. The United States Courts of Appeal for the Second and Seventh Circuit Courts ruled Title VII’s prohibition of sex-based discrimination also protects against discrimination due to sexual orientation.
The Age Discrimination in Employment Act (ADEA) prevents private employers with twenty or more employees from making employment decisions due to age. In 1974, Congress amended the ADEA to cover state and local governments.
The United States Court of Appeals for the Eight Circuit, in a case of first impression, ruled that there is no basis for a Title VII retaliation claims based on an employer’s denial of an employee’s request for a 
After completing 8 months of National Guard training, Tammy Webster requested to renew her contract as a dispatcher with the Mississippi Department of Wildlife, Fisheries, and Parks (MDWFP). She filed a claim under the Uniformed Services Employment and Reemployment Act (USERRA) when MDWFP refused to rehire her. The trial court awarded her $7,589 for one year’s worth of lost part-time wages and an attorney-fee award of $2,800.
Fifteen years after founding On-Site Fuel Service, Inc., Gregory Nethery entered into a deal with CapitalSouth and Harbert granting them an ownership interest in the company. As part of that agreement, Nethery entered into a Stockholder Agreement which included choice of law and arbitration provisions. Five years later Nethery filed suit against the two companies for breach of fiduciary duty, corporat
The U.S. Court of Appeals for the Fifth Circuit heard its first Defend Trade Secrets Act case but ruled on attorneys’ fees in the case, not trade secrets. Both the Plaintiff and Defendant were members of a limited liability company that placed blue wayfinding signs on Texas highways. When the company’s contract expired, the Defendants declined to include the Plaintiffs in a new company which acted as a competitor and won the contract.
Twitter picked up hashtags (words following the # symbol) in 2007 as a way to link related content across its social media platform. Several cases have challenged whether a hashtag or hash mark can be trademarked. As a basic rule, courts judge the merits of these trademarks on a case by case basis forcing each case to meet the requirements of traditional trademarks. Read more about how hashtag trademarks are evolving in the U.S.
Girl Scouts took on Boy Scouts earlier this month in a trademark infringement case when Boy Scouts launched a rebranding campaign. Boy Scouts announced a name change to Scouts BSA and a program change to include girls of all ages in its programs.
The U.S. Court of Appeals for the Fifth Circuit recently ruled on a case we previously discussed on our site, Manuel v. Turner Industries Group, LLC, et al. The Fifth Circuit upheld the district court’s dismissal of Manuel’s ERISA § 502(a)(3) claims because they could have been brought under ERISA § 502(a)(1)(B).
Diana Ledbetter complained to a human resources representative, Gogel, about discrimination. Under her role as an HR representative, Gogel held responsibility for investigating and resolving those complaints. Gogel found, however, that her employer’s procedures prevented her from fulfilling that aspect of her job. She then referred Ledbetter to an attorney.
When Berryland Trading, Inc, experienced a theft of $1.7 million worth of iPhones at its warehouse in Doral, Florida, the company turned to Transportation Insurance for coverage. While the policy did not specifically cover the Doral facility, it did cover “newly acquired or constructed property” within the policy period.
In 2017, Tiffany Herrmann, founder of Alabama company Sherree Cosmetics, launched a line of glitter palette eyeshadows under the name Born to Sparkle. She did not file for a trademark on the name until August 30, 2018, several weeks after Kylie Jenner launched her individual liquid glitter eyeshadow under the same name, Born to Sparkle. Herrmann sued Jenner in October for trademark infringement, trade dress infringement and unfair competition. Herrmann’s case is the 20th intellectual property violation filed against the Kardashian-Jenner empire.
Do plasma collection centers qualify as a “service establishment” under the ADA’s Title III “place of public accommodation” or as a public facility under Chapter 121 of the Texas Human Resource Code (THRC)? CSL Plasma, Inc deferred Mark Silguero and Amy Wolfe from donating plasma to their center for reasons relating to their respective disabilities. Silguero and Wolfe sued. The district court found in favor of CSL and the Fifth Circuit Court of Appeals upheld the decision.
In August 2015, Three Expo Events, LLC staged its adult love- and sex-themed convention Exxxotica 2015 at the City of Dallas’ Convention Center. Three Expo and the City of Dallas began informal plans to stage another event (Exxxotica 2016) the following year. Before a formal contract could be drawn up, the mayor and Dallas City Council adopted Resolution No. 160308 to bar the City of Dallas from contracting with Three Expo for the lease of the Dallas Convention Center.
As an at-will employment state, the Mississippi Supreme Court allows employers to fire employees “for good reason, bad reason or no reason at all, excepting only reasons independently declared legally impermissible.” McAm v. Allied Bruce-Teminix Co., Inc, 526 So.2d.603.606 (Miss.1993). When Aurora Flight Sciences Corporation fired Robert Swindol for having a firearm locked inside his vehicle, Swindol sued Aurora for wrongful discharge and defamation.
Under Mississippi law employees may be entitled to worker’s compensation benefits when the employee’s injury affects the employee’s ability to earn the same wages they were earning at the time of injury. It was undisputed that Ms.
When a jury awarded Dewayne Johnson, a school groundskeeper, $250 million in punitive damages against Bayer, the company requested the court overturn the award due to insufficient evidence and overly emotional arguments. The judge tentatively agreed to completely throw out the $250 million award, but reversed course and reduced the amount by $200 million. Find out what jury members told the press about their decision and what happens next. 
A little-known section of the American with Disabilities Act requires employers to not only allow accommodations related to a disabled employee’s job function but also to provide adjustments to allow them “equal benefits and privileges of employment” as employees without disabilities. One employer discovered this meant providing printed handouts in a large font or in advance of on-site meetings.
K.V.G. Properties leases commercial properties to various tenants. Four years into their lease, one of K.V.G.’s tenants was raided by the U.S. Drug Enforcement Agency on suspicion of illegally growing marijuana. The tenants caused significant damage to the leased warehouse in the process of their marijuana cultivation operation. K.V.G. initiated eviction of the tenants on the grounds they illegally grew marijuana. K.V.G. also filed a claim with its insurance for the damage resulting from the tenant's alterations to the property.
A Kentucky state agency’s requirement that all potential hires agree to private arbitration for employment disputes became the subject of a recent Kentucky Supreme Court decision to prohibit mandatory employment arbitration policies. How far and wide the ruling will apply remains uncertain. For now, Kentucky employers, public and private, should remove arbitration requirements from their conditions of employment.

Pages