Labor & Employment Law

Kotler on Sovereign Immunity & Preemption
Martin A. Kotler (Widener University - School of Law) has posted Shared Sovereign Immunity as an Alternative to Federal Preemption: An Essay on the Attribution of Responsibility for Harm to Others (Hofstra Law Review, Forthcoming) on SSRN...

Fourth District: Sovereign Immunity
Does the $100,000 sovereign immunity cap on claims against the state include attorney's fees? Yes, said the Fourth District in this decision.

Can States Have Their (Patent) Cake and Eat It, Too?
In Biomedical Patent Management v. State Of California, the U.S. Court of Appeals for the Federal Circuit held that a state?s initial waiver of Eleventh Amendment sovereign immunity ? when it intervened in an earlier, related action that was dismissed for improper venue — doesn?t mean that it waived sovereign immunity under the Eleventh Amendment [...

Sovereign Immunity for School Districts 403(b) Fiduciary Choices?
Sovereign Immunity for School Districts 403(b) Fiduciary Choices?   Written by: Bob Toth   Many professionals have been advising certain governmental employers for a while that just because ERISA doesn't apply to their 403(b) plans, state trust and fiduciary laws...

Another attention getter on the campus infringement front
Bill Patry draws our attention to a copyright case in the 9th Circuit's Southern District of California that addresses the liability of individuals in their individual capacity for infringement of copyright: The Patry Copyright Blog: State Sovereign Immunity and State Employees...

COA Applies Res Judicata To Sovereign Immunity Dismissal
Today in Herring v. Winston-Salem/Forsyth County Bd. of Educ. the Court of Appeals held that, for purposes of res judicata, a dismissal on the ground of soverign immunity constitutes a final adjudication on the merits entitled preclusive effect in a subsequent action between the parties...

Victim forced to pay criminal $5,000.00 Why will no Attorney challange AAA?
Money, Power And Greed over Truth and Justice...

In criminal testimonry, what is the difference between transactional immunity and use immunity?
"Use immunity" essentially prohibits the prosecution from using the witnesses te...