The average layperson might assume that digital music files (i.e., songs purchased from services such as iTunes and Amazon) can be passed by will or intestate succession. This is certainly true for music recorded onto physical media, such as CDs. However, the law currently treats digital files differently, given (a) the manner in which digital music … Continue reading Estates: The Inheritability of Digital Music Files
On September 20, 2017, the Seventh Circuit Court of Appeals affirmed a decision by a district court, holding that the failure to provide an employee with long-term medical leave is not a violation of the Americans with Disabilities Act (“ADA”). The decision, Severson v. Heartland Woodcraft, Inc.,_ F.3d _, 2017 WL 4160849 (7th Cir. Sept. … Continue reading Long Term Leave Not a Reasonable Accommodation
In interpreting the coverage of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, appellate courts held that the prohibition against discrimination based on sex does not encompass discrimination based on sexual orientation. E.g., Simonton v. Runyon, 232 F.3d 33 (2d Cir. 2000); Blum v. Gulf Oil Corp., 597 F.2d 936 … Continue reading Are Gay, Lesbian, and Bisexual Employees Protected from Discrimination Under Title VII?
Arbitration Requirement Despite the federal policy favoring arbitration, prospective plaintiffs continue to push courts to reexamine the enforceability parameters of arbitration agreements. These efforts have met with some success in cases where the arbitration agreement designates a particular ·arbitral institution to resolve a dispute between the parties, and the designated institution no longer exists at … Continue reading Non-Existence of Designated Arbitral Institution at Time of Dispute May Void Mandatory Arbitration Requirement