In a new decision on the issue, a federal judge in Chicago has ruled that reduced seating does amount to an “interruption” in business for purposes of insurance coverage. The insurance carrier, Society Insurance, had submitted a motion to dismiss the lawsuit. Judge Edmond Chang said capacity limits can constitute “direct physical loss” for “business

In Union Pacific RR Co. v. American Railway & Airway Supervisors Assoc., No. 18-50110 (5th Cir. 12/16/2020), the Fifth Circuit reversed a grant of summary judgment in favor of the employer. A railroad employee, Roland Beltran, twice tested positive on a drug test. Aided by the union, he appealed to arbitration. He presented evidence

Lawyer Jerome Marcus has asked to be allowed to withdraw from his lawsuit against the state of Pennsylvania. In that suit, he represents Pres. Trump. The suit alleges voting irregularities. Lawyer Marcus is known for his statement in court several weeks ago that he is alleging “a non-zero” number of Republicans observing the vote tallies.

The Fifth Circuit has resurrected the self-serving affidavit theory. The theory makes no sense. The so-called self-serving affidavit refers to persons who submit testimony in the form of an affidavit. If the affidavit supports the witness, then that testimony carries less weight – or no weight. In Salazar v. Lubbock County Hospital District, No.

The name Joe McCarthy has been coming up, lately. Who was Joe McCarthy?

Senator McCarthy was a bully. In his zeal to uproot all vestiges of Communism or Communist sympathizers, he bullied, scared and threatened his way across Washington, D.C. Everyone was afraid of Joe McCarthy, because they feared being branded as “soft” on Communism.

One would think that with a pandemic crashing into our society, OSHA would lead the way in protecting U.S workers. But, no. The Occupational Safety Health Administration is taking a few steps backward. Senior OSHA staff had a six page memo prepared and ready to issue in the Spring of 2020, that would institute protections

The Trump administration issued an Executive Order that changes the classification of top civil servants and makes it easier to fire them. The order targets those in policy-making positions. Experts indicate the move would affect anywhere from tens of thousands to hundreds of thousands in a workforce of some 2.1 million. The move would affect

I have previously written about joint employers. See my posts here and here. TheTrump administration tried to make it harder to show a joint employer relationship. It adopted an interpretive regulation which the DOL thought would make it harder to prove joint employers. But, the court in State of New York v. Scalia,

This past week, the US Supreme Court addressed a nagging question, how far does the ministerial exception to Title VII go? The problem occurs in religious schools. A teacher may teach a wide range of subjects, with only 10% of her time devoted to teaching religious subjects. Is that teacher subject to the minister exception