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Academic

Adjunct Law Prof Blog

By Mitchell H. Rubinstein

Post Frequency: 42.5/day

Last Entry: April 01, 2011 at 01:00:00

NBC Producer Fails To Prevail In Breach of Employment Contract Case

Posted on October 01, 2008
Bartel v. NBC, ___F.3d___(7th Cir. Sept. 11, 2008), is an interesting case which demonstrates just how narrow employee rights are in the public sector. In a breach-of-contract suit by a producer fired by defendant after she had raised concerns about....

7th Holds There Is A Duty To Mitigate Damages Under FMLA

Posted on October 01, 2008
Franzen v. Ellis Corp., ___F.3d___(7th Cir. Sept. 10, 2008), is an interesting case. In a suit alleging violations of the Family and Medical Leave Act (FMLA), breach of contract, and retaliation by defendant-employer, judgment that plaintiff was not entitled to...

Harvard drops letter grades

Posted on October 01, 2008
The ABA Journal blog is reporting that Harvard is dropping letter grades (as many other elite law schools have done). What do you think? Would evaluation on a pass/fail or written evaluation basis be better at your school? EAL

Online High School

Posted on September 30, 2008
'HOME' WORK: CITY BIDS FOR ONLINE HIGH SCHOOLS is an interesting September 29, 2008 New York Post article. It reports that NYC is working on allowing high school students to earn credits toward high-school graduation online. The NYC Department of...

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3rd Holds That There Is No Private Right Of Action Over Improper FICA Deductions

Posted on September 30, 2008
Umland v. Planco, ___F.3d___(3rd Cir. Sept. 9, 2008) is an important case. Employees were improperly classified as an independent contractor. As a result, they overpaid their FICA taxes because the employer did not pay its share. In this class action,...

Insurance For Bloggers??

Posted on September 30, 2008
The Media Bloggers Association is offering insurance for defamation, invasion of privacy and copyright infringement. Additional details are available here. There probably is a good idea for some of the more successful blogs to purchase such insurance...

Dartmouth College Prof Looses ADEA Case

Posted on September 30, 2008
Sabinson v. Trustees of Dartmouth College, ___F.3d___(1st Cir. Sep't. 12, 2008) is an interesting decision. The First affirmed summary judgement over a professor's claims under Title VII, the federal age discrimination, and for retaliation, where: 1) plaintiff offered no direct...

Breaking News Full Copy of Proposed Bailout Legislation

Posted on September 29, 2008
The proposed bailout legislation that the House is expected to vote on is available here. It spans 110 pages. Query how many legislators will actually read it. Mitchell H. Rubinstein Hat Tip: Huffington Post

ABA Arbitration and Employment Materials From Sept. 2008 Conference Available Online

Posted on September 29, 2008
From Sep't 10,2008 to Sep't. 13, 2008, the ABA put on what appears to be a wonderful CLE conference in Denver. The papers that were submitted are available here. The material is extensive and may be helpful to researchers or...

EEOC Issues ADA Q and A Guide

Posted on September 29, 2008
On September 3rd, 2008, the U.S. Equal Employment Opportunity Commission (EEOC) issued a comprehensive question-and-answer guide addressing how the Americans with Disabilities Act (ADA) applies to a wide variety of performance and conduct issues. That guide is available here...

9th Issues Primer On Subpoena Power of EEOC

Posted on September 29, 2008
Federal Express v. EEOC, ___F.3d___(9th Cir. Sept. 10, 2008), is an important decision for it reviews the subpoena power of the EEOC. As one could expect, this power is quite broad. The court described the applicable standard of review as...

Blackberry/Smart Phone Advice Sought

Posted on September 28, 2008
As many of you know, I have been a Treo user for years and am sick and tired of it. I am leaning towards purchasing a new Blackberry. I am trying to decide between the Storm and the Bold. Both...

Public Employee States First A Cause Of Action

Posted on September 28, 2008
Public employees generally do not do well in First Amendment type cases. However, the plaintiff in Hughes v Region VII Area Agency on Aging, ___F.3d___, Nos. 07-1570/1647 (6th Cir. Sept. 8, 2008), managed to fight off dismissal. The court held...

Employee Looses ADA "Regarded As" Claim For Refusing To Enroll in Inpatient Alcohol Treatment Program

Posted on September 28, 2008
Kozisek v County of Seward, Nebraska, No. 07-3682 (8th Cir, Aug. 27, 2008). The 8th affirmed the dismissal of ADA ?regarded-as? claim by county worker who was fired for refusing to enroll in inpatient alcohol treatment program. Although the plaintiff...

Secunda on The Importance of State Law

Posted on September 27, 2008
Marquette Law Professor Paul Secunda posted on SSRN an abstract with respect to his upcomming article entitled The Ironic Necessity for State Protection of Workers which will appear in University of Pennsylvania Law Review PENNUMBRA, Vol. 157, 2008. The abstract...

Pushing A Student Disqualifies Employee For Unemployment

Posted on September 27, 2008
Matter of Katz v. Commissioner, ___A.D.3d___(3d Dep't. Sep't. 11, 2008) is an interesting case. Employees are not eligible for unemployment if they engage in "misconduct." The question that is often litigated is what is"misconduct for unemployment purposes? The Appellate Division...

Breaking News President Bush Signs ADA Amendments Act of 2008 Into Law

Posted on September 26, 2008
With all of the political and economic news going on an important piece of new legislation has largely been ignored by the media. On September 25, 2008, President Bush signed S. 3406, ADA Amendments Act of 2008 into law. Professor...

So You Want To Be A FT Law Professor

Posted on September 26, 2008
Legal Scholarship Blog has an excellent biography with links concerning how to get a FT law school teaching job, the AALS meat market, Fellowships and more. Unfortunately, if you did not go to top 20 school and clerk for at...

Accepting Retirement Incentive Deems Employee Ineligible For Unemployment

Posted on September 26, 2008
Sometimes cases are important to discuss because they illustrate basic propositions of law. Matter of Standford v. Commissioner of Labor___A.D.3d___(3d Dep't. Sept. 11.2008) is one such case. To be eligible for unemployment if one voluntary leaves their employment, they must...

Courts have a limited authority in modifying a disciplinary penalty imposed by the appointing authority

Posted on September 26, 2008
Matter of Mary Ellis v Mahon, 2008 NY Slip Op 06737, Decided on September 9, 2008, Court of Appeals In Ellis v Mahon, 49 AD2d 538, the Appellate Division the annulled the disciplinary penalty imposed on Mary Ellis ? dismissal...

Discoverability of Online Information

Posted on September 25, 2008
Discoverability of Online Information is a very interesting September 23, 2008 New York Law Journal article by Shari Lewis (registration required). This is an important and still developing area of the law. As the article states: One unanticipated cost of...

Lower court Holds Termination was not justified despite misrepresentations on resume and sexual harassment allegations

Posted on September 25, 2008
National Medical Health Card v. Fallarino, ___Misc. 3d___ (N.Y. Co. 2008) is an interesting decision. An employee's termination from an executive human resources position was not justified, and he thus was entitled to severance pay under his employment contract, even...

Plaintiffs Not Permitted To Judge Shop

Posted on September 25, 2008
Sometimes it is important to write about cases because involve basic propositions of law. One such proposition which Ashe v. Board of Managers, ___Misc. 3d___, NYLJ Sept. 10, 2008(N.Y. Co. Aug. 29, 2008) (registration required) is that a party cannot...

6th Holds Deputy sheriff fired for candidacy, not political activity

Posted on September 25, 2008
Greenwell v. Parsley, ___F.3d___(6th Cir. Sep't. 2, 2008) is an interesting First Amendment case. In a relatively short opinion, the 6th held that a sheriff who terminated his deputy immediately after reading in a newspaper article that the deputy planned...

Out of State Subpoena Enforced In New York Requiring NY Times CEO To Testify At Deposition

Posted on September 24, 2008
Matter of Trump, ___Misc. 3d___(N.Y. Co. Aug. 20, 2008), is an interesting, yet important case.(registration required). The underlying case is a defamation action brought by Donald Trump. A subpoena was issued in New Jersey which was enforced in New York...

Federal Lower Court Recognizes Cause of Action For Transgender Discrimination

Posted on September 24, 2008
Schroer v. Billington, ___F.Supp.2d___(D.D.C Sept. 19, 2008), is an important decision. The court held that a male-to-female transgendered job applicant was unlawfully denied a position at the Library of Congress based on sex. The Distict Court thus recognized a Title...

NYS Commissioner of Education distinguishes between positions in the Unclassified Service and the Classified Service in determining an employee?s tenure status

Posted on September 24, 2008
Appeal of Kristine deVente and Jocelyne Jesenof from action of the Broome-Delaware-Tioga Board of Cooperative Education Services, Jennifer Mondolfi and Mary Jo Rankin, regarding termination of employment, Decisions of the Commissioner of Education, Decision No...

Criminal Defendant Does Not Have To Reveal Password To Police

Posted on September 24, 2008
In Re: Boucher, 2007 WL 4246473 (D. Vermont Nov. 29, 2007), is a little noticed by important case for those of us interested in technology or criminal law. A Vermont federal judge held that a criminal defendant had a 5th...

Investment Bankers Now Seeking Law Firm Jobs

Posted on September 23, 2008
The September 22, 2008 National Law Journal ran an interesting article entitled Attorneys Seek Law Firms as Safe Ports From the Wall Street Storm. The premise of this article is that Wall Street Investment Bankers are leaving their once sought...

Plaintiffs only win 15% of job discrimination claims

Posted on September 23, 2008
The September 19, 2008 Wisconsin Law Journal ran an important story which discusses a study that found that employment discrimination plaintiffs only prevail in 15% of the cases. As the article states: According to statistical analysis conducted by two Cornell...

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