Employment: Age Discrimination – Public Employers

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 … Continue reading Employment: Age Discrimination – Public Employers

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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 … Continue reading Contracts: The Importance of Distinguishing a Contracting Party from a Stranger

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Estates: The Inheritability of Digital Music Files

The average layperson might assume that digital music files (i.e., songs purchased from┬áservices 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

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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. … Continue reading Long Term Leave Not a Reasonable Accommodation

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