Laurie Chadwick, mother of an eleven-year-old son and six-year-old triplets, was denied a promotion by Wellpoint, Inc. In denying the promotion, Chadwick’s supervisor explained as follows: It was nothing you did or didn’t do. It was just that you’re going to school (one class per semester), you have the kids, and you just have a [...]
Archive for March, 2009
First Circuit allows sex-based discrimination case for mother of four who did not receive promotion.
Posted in Civil Rights, Employment Law, tagged Civil Rights, gender discrimination on March 30, 2009 | Leave a Comment »
Check out this week’s Blawg Review for a good read.
Posted in Blawg Review, tagged Blawg Review on March 30, 2009 | Leave a Comment »
Downtown Lawyer has been included in Blawg Review #205, which is structured around Gustav Holst’s The Planets. A big thanks to Declarations and Exclusions and Blawg Review.
Eighth Circuit joins other circuits in holding that specialty license plates are private speech.
Posted in Constitutional Law, First Amendment, tagged free speech on March 27, 2009 | Leave a Comment »
Roach v. Stouffer, No. 08-1429. The State of Missouri allows drivers to obtain specialty license plates that contain a specific message or symbol from a sponsoring organization instead of the state moniker of “Show Me State.” Under Mo. Rev. Stat. 301.3150, a private organization can apply for a specialty license plate for its organization. Applications [...]
In Focus: Does “too big to fail” mean too big for state regulation?
Posted in Constitutional Law, In Focus, Regulatory Law on March 26, 2009 | 2 Comments »
After news of the AIG bonuses was released, the Obama administration requested additional oversight of AIG, which has several different branches including insurance, and other companies that have received federal bailout money. During his recent press meeting, President Obama noted that regulations from the 1940s were outdated and needed to be reformed. The debate over [...]
Eighth Circuit holds recusal necessary because trial court directed multiple profanities at plaintiffs.
Posted in Constitutional Law, Ethics, Practice & Procedure on March 25, 2009 | 1 Comment »
Sentis Group, Inc. v. Shell Oil Co., Nos. 07-2308/2573/3162. Plaintiffs in this case operated Shell gas stations and convenience stores under contracts that required Shell to reimburse plaintiffs for some of the costs of maintaining retail gas operations. The case turned on how those costs were calculated. Plaintiffs claimed that Shell misrepresented how those calculations [...]
California community college cannot restrict student’s access to MySpace.
Posted in Constitutional Law, First Amendment, Internet Law on March 24, 2009 | Leave a Comment »
Patrick Crosby, a 58-year-old student, was detained by campus police for viewing MySpace profiles on the library computer. The officer referred to MySpace as a kid’s site and stated it was inappropriate for Crosby to be visiting the site. Crosby brought suit against the school, arguing that the school’s conduct violated state law prohibiting school [...]
Arkansas Supreme Court holds that plaintiff with untreated schizophrenia may serve as class representative.
Posted in Practice & Procedure on March 20, 2009 | Leave a Comment »
Advance America Servicing of Arkansas, Inc. v. McGinnis, No. 08-992. Plaintiff sought to bring a class action against defendants for charging usurious interest and violating the Deceptive Trace Practices Act. Plaintiff suffered from schizophrenia, which she was unable to afford to treat, as well as anxiety and depression, for which she took prescription medication. At [...]
Arkansas Court of Appeals holds that patient must present to hospital for anti-dumping protection to apply.
Posted in Health Law, Practice & Procedure on March 19, 2009 | 2 Comments »
Thompson v. Sparks Regional Medical Center, No. CA 08-1050. Plaintiff suffered severe injuries to her foot during a motorcycle accident. She was taken to St. Edward Mercy Medical Center (“St. Edward”), which did not have plastic surgeon on call to assist in the repair of her foot. Plaintiff’s emergency room physician contacted the on-call plastic [...]
Eighth Circuit explains “beyond repair” requirement of breach of express warranty for future performances.
Posted in Contract Law, Practice & Procedure on March 19, 2009 | Leave a Comment »
Highway Sales, Inc. v. Blue Bird Corp., No. 07-3225. on July 31, 2003, plaintiffs purchased a Blue Bird Wanderlodge RV. From that date until July 2, 2004, the RV suffered from numerous problems. The RV underwent numerous repairs, but continued experiencing difficulties. On July 2, 2004, plaintiffs brought the RV back and sent a July [...]
Crime at the Border: 15 Steps to Increase Security.
Posted in Homeland Security, Immigration Law on March 18, 2009 | Leave a Comment »
For many years, Americans have been concerned about how easy it was for illegal aliens to cross the Mexican-American border. This concern increased dramatically after 9/11, and it recently sparked again after reports of drug cartel related crime along the border. For an insightful review of measures to increase security at the Mexican-American border, click [...]
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