David Atson was having financial trouble, and his employer, a heating company, gave him an advance of the money he would receive for his two-week vacation. When it came time for Atson to take his vacation, however, he refused because he did not want to go two weeks without pay. Atson’s employer fired him, and [...]
Archive for August, 2009
Refusing to take a vacation for which the employee has already been paid is a valid reason for firing.
Posted in Employment Law, tagged unemployment benefits on August 26, 2009 | 5 Comments »
According to Eighth Circuit, expelling participant in multi-employer employee benefit plan for declining employee participation does not violate ERISA.
Posted in Employment Law, tagged adverse selection rule, ERISA on August 21, 2009 | 1 Comment »
Borntrager v. Central States Southeast & Southwest Areas Pension Fund, Nos. 08-2008/08-2744. CRST Flatbed, Inc., CRST Van Expedited, Inc., and six current and former employees of these companies (collectively “CRST”) brought suit against Central States Southeast Areas Pension Fund (“Central States”), a multi-employer employee benefit plan. CRST alleged that Central States wrongfully expelled them from [...]
According to the Third Circuit, the Federal Food, Drug and Cosmetic Act does not preempt state law regarding deceptive labeling of juice products.
Posted in Constitutional Law, Torts, tagged deceptive labeling, FDCA, NLEA on August 14, 2009 | Leave a Comment »
In 2007, Stacy Holk purchased two Snapple drinks labeled as “all natural.” According to a class action she later brought in New Jersey state court against Snapple for deceptive labeling, Holk claimed that the drinks contained high-fructose corn syrup and other artificial ingredients. Snapple removed the case to federal court, and the trial court later [...]
Eighth Circuit holds that, by joining litigation as a plaintiff, State of Missouri waived its sovereign immunity.
Posted in Constitutional Law, Eleventh Amendment, tagged Clean Water Act, sovereign immunity on August 12, 2009 | Leave a Comment »
U.S. v. Metropolitan St. Louis Sewer District, No. 08-3399. Under the Clean Water Act, when the federal government brings a civil action against a municipality, the state in which the municipality is located must also be joined as a party. This requirement exists because that state is liable for any judgment against the municipality to [...]
Law eliminating voting rights for imprisoned felons upheld as constitutional.
Posted in Constitutional Law, tagged Voting Rights Act on August 6, 2009 | Leave a Comment »
By a near 2-1 margin, Massachusetts voters passed a measure disqualifying imprisoned felons from voting in certain elections, in part, because of increased prisoner political mobilization over issues related to criminal justice. The state Legislature later extended the law to all state elections. A group of inmates challenged the law, arguing that it (1) violated [...]
Jodie L. Hill
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