The Nevada Clean Indoor Air Act, a voter-approved ban passed in 2006, prohibits smoking in schools and workplaces, but makes exceptions for bars, casinos and strip clubs. The Nevada Tavern Owners Association, Terrible’s Hotel and Casino, and Three Angry Wives Pub challenged the criminal portion of the Act, claiming it was vague to be enforced. [...]
Archive for September, 2009
Nevada Supreme Court strikes criminal portions of clean air act as being impermissibly vague.
Posted in Constitutional Law, Criminal Law, Environmental Law, tagged clean air act, vagueness on September 29, 2009 | Leave a Comment »
TSA has complete discretion in setting compensation levels for security screeners.
Posted in Employment Law, tagged Aviation & Transportation Security Act, Fair Labor Standards Act on September 23, 2009 | 2 Comments »
Security screeners for the Transportation Security Administration (“TSA”) are paid by the hour and receive a premium rate for working undesirable night shifts. TSA pays them one-and-half times their base pay for overtime hours, regardless of whether they worked regular or premium shifts. Security screeners filed suit against TSA in the Court of Federal Claims, [...]
Explanation of Torts by Rincker Law
Posted in Torts on September 17, 2009 | 1 Comment »
A fellow legal blogger, Cari Rincker, at Agriculture Law and Policy Blog, outlines the different types of torts available under common law. While some of the explanation relates to agricultural law, the article is a very good primer of tort law.
Request for a raise is a compensation decision under the Equal Pay Act and Title VII.
Posted in Civil Rights, Employment Law, tagged Civil Rights, Equal Pay Act, Lilly Ledbetter Act on September 16, 2009 | 8 Comments »
According to Mary Lou Mikula, Allegheny County, Pennsylvania, paid her $7,000 less than a male counterpart. After an investigation, the county determined in 2006 that her claims were unfounded and that her “current title and rate of pay are fair when compared with similar jobs.” Mikula disagreed and sued the county under the Equal Pay [...]
Reference to McDonald’s coffee case is shorthand for excessive damages.
Posted in Practice & Procedure, Torts, tagged compensatory damages, McDonald's coffee case on September 11, 2009 | 1 Comment »
Kerry Christensen drove his car through a grocery store parking lot and hit pedestrian John Boyle. When Boyle sued Christensen, Christensen admitted liability. A jury trial was held to determine damages. During closing argument, Christensen’s counsel stated the following: How many days has it been since the accident? How many days for the rest of [...]
Routinely scheduled appointments for high-risk individuals do not trigger EMTALA coverage.
Posted in Health Law, tagged EMTALA on September 7, 2009 | Leave a Comment »
Honey Torretti, a diabetic women residing in Pennsylvania, complained of pain and discomfort during a routine pregnancy checkup with her doctor, who sent her to a hospital for additional monitoring of her high-risk pregnancy. There, Torretti gave birth to her second child via emergency caesarean section. She later sued Main Line Hospitals and several doctors [...]
Eighth Circuit joins other circuits in holding that an adverse employment action, taken under an affirmative action plan, may constitute direct evidence of unlawful discrimination.
Posted in Civil Rights, Constitutional Law, Employment Law, tagged affirmative action, Civil Rights, Equal Protection Clause, racism on September 4, 2009 | 7 Comments »
Humphries v. Pulaski County Special School District, Nos. 08-2458/2594. Background Information Since 1982, the Pulaski County Special School District (the “District”) has been involved in desegregation litigation in federal court. In 1990, the District reached a settlement agreement, and the Office of Desegregation Management (“ODM”) was created to assist the trial court in supervising the [...]
Arkansas Court of Appeals adopts Eighth Circuit standard that use of peremptory challenge does not establish prejudice.
Posted in Practice & Procedure, tagged peremptory strike on September 2, 2009 | Leave a Comment »
Burdick v. Little Switzerland Realty, Inc., No. CA 08-1445. At the jury trial of this slip-and-fall case, Linda Burdick’s counsel questioned three potential jurors during voir dire. Each juror explained that he or she would likely be biased for defendants and could not state with certainty that he or she would follow the trial court’s [...]
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