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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

Calif. PERB Has Exclusive Jurisdiction In Strike Cases

Posted on August 19, 2008
County of Sacramento v. AFSCME, ___Calf. Reptr. ___(Cal. App. 3rd Dist. July 28, 2008), is an important case to be aware of. The court held that the California Public Employment Relations Board (PERB), not the superior court, had exclusive subject...

6th Holds FMLA Prohibits Retaliation

Posted on August 18, 2008
Bryant v. Dollar Rental, ___F.3d___( 6th Cir. Aug. 15, 2008), is an important FLSA decision. In a well written decision, the 6th held that the FMLA prohibits retaliation. The court summarized the employer's argument as follows: Dollar General?s principal argument...

Rare NLRB Decision Granting Motion For Reconsideration

Posted on August 18, 2008
Proper Steel Erectors, Inc., 352 NLRB NO. 113 (July 25, 2008), is an important case to be aware of because it is a rare example of a case where the NLRB grants a motion for reconsideration. Why? Because the Respondent...

Texas School District Authorizes Staff To Carry Pistols

Posted on August 18, 2008
Some times you just cannot make things up. The August 15, 2008, Associated Press reported in a story entitled Texas school district OKs pistols for staff that under certain conditions staff at a Texas school district are authorized to carry...

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8th Holds That Employee Fired For Sleeping On The Job Loses ADA Claim

Posted on August 18, 2008
The 8th Circuit recently decided an interesting ADA case, McNary v. Schreiber Foods, Inc, ___F.3d___(8th Cir. Aug. 1, 2008). The court rejected an employee's claim that he was terminated because of his disability after he was found sleeping on the...

Layoffs Under New York Civil Service Law

Posted on August 17, 2008
Layoff considerations Civil Service Law Sections 80 and 81-A; Education Law Sections 2510; 3013 The financial difficulties faced by the State and its political subdivisions has generated concern that public employers may have to abolish jobs resulting in layoffs...

DUI Tips For Lawyers

Posted on August 17, 2008
The Criminal Law Review Blog has an interesting story entitled Every Lawyers Guide To DUI. Tough it is based upon Illinois law, it provides helpful tips to any attorney who is put in the position of having to advice a...

The Rise of 'Equal Opportunity Abuse'

Posted on August 16, 2008
The Rise of 'Equal Opportunity Abuse' is an interesting Aug. 1, 2008 New York Law Journal article (registration required) about workplace bullying. Adjunct Prof Blog reported on a recent decision recognizing a cause of action here. Workplace bullying is sometimes...

North Dakota L. Rev. Accused of Being Biased To The Right

Posted on August 16, 2008
Legal Blog Watch ran an interesting Aug. 1, 2008 story entitled Critics: Law Review Hijacked By Right. Apparently some believe North Dakota L Rev is biased becaused in its just released symposium on the "future of the family," five of...

School Must Recognize Gay Student Club

Posted on August 15, 2008
Gonzalez v. Sch. Bd. of Okeechobee County, ___F. Supp. 2d ___ (S.D. Fla. July 29, 2008), is an important case to be aware of. A Florida federal district court held that a high school Gay-Straight Alliance (GSA) is entitled to...

Obscure 9th Circuit Rule May Get More Young Lawyers Into Court

Posted on August 15, 2008
Obscure 9th Circuit Rule May Get More Young Lawyers Into Court is an interesting August 1, 2008 National Law Journal article. It is about a little known rule that permits pro bono counsel and law students to argue in the...

Employee entitled to go for a cancer-screening examination without loss of pay or charge to leave accruals

Posted on August 15, 2008
Employee entitled to go for a cancer-screening examination without loss of pay or charge to leave accruals Moran v City of Saratoga Springs, et al, Supreme Court, Saratoga County, Index # 2008-0400, Judge Thomas D. Nolan, Jr. In Cruz et...

Happy Birthday Social Security

Posted on August 15, 2008
The Social Security Act turned 73 on August 14, 2008. Happy birthday! Today more than 43 Americans take advantage of Social Security and the system never missed a payment. Social Security has transformed the United States. Today it is considered...

Are Arbitration Proceedings Confidential??

Posted on August 14, 2008
Arbitration Download estreicher.txt is another excellent New York Law Journal article by Professor Sam Estreicher and attorney Steven Bennett dated August 13, 2008. As the article explains the law with regard to whether arbitration proceedings is all over the map...

NY Appellate Division Rejects Fraudlent Inducement and Defamation Claim In The Context Of Private Employment

Posted on August 14, 2008
MaNas v. VMS Associates, ___A.D.3d___(1st Dep't. July 22 ,2008), demonstrates how tough it is for a plaintiff to prevail in an employment case in New York. In rejecting plaintiff's allegation of fraud in the inducement and defamation, the court described...

ERISA Release Enforcable

Posted on August 14, 2008
Frommert v. Conkright, ___F.3d___(2d Cir. July 24, 2008), is an interesting case. The 2d reversed the lower court and held that release forms signed by employees in exchange for their receipt of severance barred tme from asserting ERISA claims. Despite...

NLRB Can Pierce Corporate Veil And Hold Shareholders Personally Liable For Backpay

Posted on August 14, 2008
A.J. Mechanical Co., 352 NLRB No. 108 (July 23, 2008), is an important decision which we do not see very often. After a ULP was found, the corporation disolved and distributed the assets to its two shareholders. The issue was...

2d Utilizes Economic Realties Test To Determine If Corporation Is Employer Under FLSA

Posted on August 13, 2008
Barfield v. NYC Health and Hospitals Corp., ___F.3d___(2d Cir. Aug. 7, 2008), is an important FLSA case. As readers of this blog know, it is often difficult to determine whether or not someone is an employee or independent contractor and...

Rich Trial Lawyer Moved Senator Edwards Mistress

Posted on August 13, 2008
Fred Baron, the Man Who Moved John Edwards?s Mistress is an interesting August 11, 2008 Wall Street Journal Blog posting about the Senator Edwards affair. It discusses who Fred Baron, the man who moved Edwards mistress and the supposed father...

NLRB Re-Affirms That Unlawfully Discharged Employees Have A Duty To Mitigate Damages

Posted on August 13, 2008
Tower Industries, 352 NLRB No. 110 (July 24, 2008), reaffirms an established principle of labor law; that unlawfully discharged employees have a duty to mitigate damages by seeking interim employment. The Board summarized the applicable standard as follows: An unlawfully...

Employee terminated for violating employer?s written policy ineligible for unemployment insurance benefits

Posted on August 13, 2008
Matter of Pagan v Commissioner of Labor, 2008 NY Slip Op 06414, Decided on July 24, 2008, Appellate Division, Third Department The Unemployment Insurance Appeal Board disqualified Juan Pagan for unemployment insurance benefits following his termination for accepting a designation...

Retiree Health Insurance Set Forth In CBA Is A Vested Benefit Under New York Law

Posted on August 12, 2008
Battista v. County of Westchester, ___Misc. 3d___ (Westchester Co. July 29, 2008)Download Battista.txt , is a criticially important case dealing with retiree health benefits in the public sector. It is a class action claiming that the County breached their contracts...

Leading Union Avoidance Practitioner Loses Law License

Posted on August 12, 2008
Workplace Prof Blog reported on August 11, 2008 that one Stephen Cabot, a leading Philadelphia labor lawyer known for his expertise in "union avoidance," has lost his license to practice law for cheating his old firm. According to the Philadelphia...

7th Reverses Dismissal of Employment Discrimination Case Based Upon Purported Settlement

Posted on August 12, 2008
Magallanes v. Ill. Bell Tel. Co., No. 07-3028, ___F.3d___(7th Cir. July 23, 2008), is an important discrimination case and it concerns settlements. The 7th held that dismissal of an employment-discrimination suit because the parties had settled should be reversed because...

Calif. Case Demonstrates Importance of State Labor Law

Posted on August 12, 2008
Brinker Restaurant Corp. v. Superior Ct, No. D049331A, __Cal. Rptr. __(Appellate Div. July 23, 2008), demonstrates the importance of state labor law. This case concerned California law. In an action involving alleged violations of laws governing rest and meal breaks...

Major California Decision Approves of Home Schooling

Posted on August 11, 2008
Jonathan L v. The Superior Court, ___Cal. App. 3d___(Calif. App. Div. 2d Dist. Aug. 8, 2008), is a major home schooling decision. The problem with home schooling is that parents are not generally credentialed as teachers. The court reversed an...

Becker-Posner Blog Debate Gay Marriage

Posted on August 11, 2008
On August 10, 2008 the Becker-Posner Blog debated Gay Marriage. Judge Posner's article is entitled The Economics of Gay Marriage--Posner and Professor Becker's article is entitled Should Gay Marriages be Allowed? Becker Judge Posner Judge Posner does not take a...

1st Issues Important Decision on ADEA Damages-Dismissing Case Because Compensatory Damages For Mental Anguish Is Not Available

Posted on August 11, 2008
Collazo v. Nicholson, ___F.3d___(1st Cir. July 24, 2008), is a well written decision concerning damages under the ADEA. The First dismissed the case because the damages plaintiff sought, compensatory damages for pain and suffering due to harassment on account of...

Sanctions Under New York Law For Frivolous Conduct

Posted on August 11, 2008
Glen v. Annunziata, ___A.D.3d___(2d Dept' 2005) is an important case concerning santions under New York law. Plaintiff was injured while horseback riding in an indoor stable when she was thrown from her horse, which became startled when a portion of....

Owner Arrested Over Failure To Pay Workers' Compensation Insurance Premiums

Posted on August 10, 2008
Here is a new one. Steven Greenhouse of the New York Times reports in an August 8, 2008 article entitled "Bronx Nursing Home Owner Is Arrested Over Workers? Compensation" that a nursing home owner was actually arrested and charged with...

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