Among the myriad ways the COVID-19 pandemic is re-shaping lawyers’ lives is the impact of the crisis on their practices. Lawyers in two areas, family and employment law, shared how their practices have shifted in the wake of the virus. ...

Tagged with: COVID-19 David Lee Wells Employment Law Families First Coronavirus Response Act Family Law Jonathan D. Marks Judy Yi Kim Jones Susan E. Block

Where the family of an employee, who died from mesothelioma, sought workers’-compensation benefits and the employer was no longer in business, the issue of whether the insurer of a defunct employer can be liable for enhanced benefits under a new ...

Tagged with: Employment Law Mesothelioma Liability Occupational Disease Out-Of-Business Employer Workers' Comp

Where plaintiff employees failed to challenge the delegation provision of the parties’ arbitration agreements, the circuit court properly sustained defendant employer’s motion to compel arbitration on the threshold question of whether adequate consideration existed to support the parties’ arbitration agreement; ...

Tagged with: Consideration for Arbitration Agreement Discrimination and Retaliation Employment Law

Where a surgical technician sued her former employer for allegedly interfering with her rights under the Family and Medical Leave Act, summary judgment for the defendant was proper because the plaintiff’s evidence did not undermine or raise a genuine issue ...

Tagged with: Employment Law FMLA Termination

Where a plaintiff in an employment-discrimination and -retaliation action challenged the dismissal of his complaint, the judgment is affirmed because the plaintiff’s factual allegations did not plausibly give rise to an inference of unlawful discrimination or retaliation. Judgment is affirmed. ...

Tagged with: discrimination Employment Law Factual Allegations Retaliation

Where an employer challenged an award of death benefits to a deceased worker’s son after he was substituted as a personal representative after the worker’s husband died, the evidence was sufficient to support the finding that the work-related ankle injury ...

Tagged with: Death Benefits Employment Law Substitution of Party Sufficiency Of Evidence Workers' compensation

Where an employer challenged an award of permanent partial disability to a worker who suffered from work-related tinnitus, the commission did not err in finding that an audiologist with a doctorate in hearing science was qualified to testify as an ...

Tagged with: Employment Law expert testimony Permanent Partial Disability Tinnitus Workers' compensation

  Where an assistant retail-store manager, who was fired based on complaints of unprofessional and inappropriate conduct from subordinate employees, brought discrimination and retaliation claims against his former employer, summary judgment for the defendants is affirmed because the plaintiff failed ...

Tagged with: discrimination Employment Law Failure to Controvert

  Where a hospital employer challenged an award of permanent partial disability to an employee for a wrist injury she suffered in a fall at work, the commission did not err in finding that the injury arose from the course ...

Tagged with: Causation Compensable Injury Employment Law Inherent Risk

  Where employer challenged an award of permanent partial disability benefits and future medical expenses to a former employee, the employer failed to follow the required analytical process in its points on appeal, and the judgment is affirmed because the ...

Tagged with: Employment Law medical evidence PTD Benefits SIF Liability

  Defendant appealed the district court’s vacating of a grievance arbitration award, which reinstated defendant’s member to his former without back pay after he was discharged by plaintiff for allegedly falsifying his time sheets and neglecting duties. The district court ...

Tagged with: Employment Law Grievance Arbitration Interpretation of CBA Reinstatement of Union Member