The Age Discrimination in Employment Act (“ADEA” ) applies to all public employers, including those with fewer than 20 employees, a unanimous Supreme Court held in its first merits decision of the October 2018 term. Thus, the 20-employee minimum that applies to private employers does not apply to a state or its subdivisions. The 8-0…
Contracts: The Importance of Distinguishing a Contracting Party from a Stranger
Although the law generally does not allow a contracting party to bring a tort claim against another party to the same contract, this protection does not extend to persons or entities that are classified as “strangers” to the contract. Thus, a contracting party may maintain a viable claim for tortious interference with contractual relations against…
Estates: The Inheritability of Digital Music Files
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…
Long Term Leave Not a Reasonable Accommodation
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….
Are Gay, Lesbian, and Bisexual Employees Protected from Discrimination Under Title VII?
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…
Non-Existence of Designated Arbitral Institution at Time of Dispute May Void Mandatory Arbitration Requirement
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…
Jack Ferriter Presented at National Business Institute Seminar in Springfield
Jack Ferriter was a featured speaker at the NBI (National Business Institute) seminar held in Springfield on Monday, May 22, 2017. He presented on “PROTECTING ASSETS WHILE QUALIFYING FOR MEDICAID.” His presentation was titled “Medicaid Laws Impact Asset Preservation Planning,” which is linked below. Medicaid Laws Impact Asset Preservation Planning
Medicaid Laws Impact Asset Preservation Planning
Back in 2007, Medicaid laws changed pursuant to Federal Deficit Reduction Act of 2005 (ORA 2005). The law revised treatment and use of Medicaid or MassHealth planning tools. The most often asked question after the new Medicaid laws went into effect is “So what planning tools are left for us to consider?” Medicaid laws are…
Charitable Trusts and Bankruptcy Proceedings
When testators or settlors create charitable gifts in trust for named institutional beneficiaries, when the contemplated distribution is ready to be made, sometimes it is found that the intended charity is involved in bankruptcy proceedings. Therefore, the question arises as to the proper disposition of such charitable gifts in trust to the bankrupt institutional beneficiaries….
Causation in an Equal Pay Act Retaliation Case – January 2017
As with most forms of employment discrimination, an employer’s retaliation against an employee for asserting discrimination under the Equal Pay Act (“EPA”) gives rise to an additional and distinct cause of action for the employee. To state a claim for retaliation under the EPA (as incorporated into the Fair Labor Standards Act), a plaintiff must…