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Academic

Adjunct Law Prof Blog

By Mitchell H. Rubinstein

Post Frequency: 42.5/day

Last Entry: April 01, 2011 at 01:00:00

Employment Lawyers Worst Nightmare-Criminal Contempt

Posted on October 10, 2008
In Re: Ruth Pollack, ___F.Supp. 2d___(E.D.N.Y. Sept. 19, 2008), is a case brought against an experienced employment litigator for criminal contempt by a sittting federal judge after he dismissed the employment discrimination case as a sanction for failing to comply...

General Counsel Issue Memo On Back Pay Liability of Discriminatees

Posted on October 09, 2008
General Counsel Memo No. 09-01, October 3, 2008 entitled Guideline Memorandum Concerning St. George Warehouse is an important GC Memo to be aware of. It spans 11 pages and is intended to provide guidance concerning St. George Warehouse, 351 NLRB...

30th Anniversary of the Pregnancy Discrimination Act-A Yale Law School Symposium

Posted on October 09, 2008
The Yale Journal of Law and Feminism is putting on a symposium on the PDA. Registration information and a list of speakers is available here. The Symposium celebrates the 30th Anniversary of the Pregnancy Discrimination Act. The Journal will be...

NLRB Reaffirms Single Facility Bargaining Unit Presumption

Posted on October 09, 2008
WeCare Transportation, Inc, 353 NLRB No. 9 (Sept. 17, 2008), is an important case because it reaffirms the NLRB's long standing single facility presumption. In any "R" case, the NLRB must determine the appropriate unit. The single facility presumption is...

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NLRB Holds Michigan Charter School Is Private Employer Subject To Jurisdiction of NLRB

Posted on October 08, 2008
Charter School Administrative Services, 353 NLRB No. 35 (Sept. 30, 2008), is an important decision. The issue in the case was whether a Michigan Charter school was an employer subject to the jurisdiction of the NLRB and the Board held...

The Downside or Upside of the Internet

Posted on October 08, 2008
Legal Blog Watch reports on a blog posting entitled Lawyer's Disciplinary Record Haunts Her Six Years Later which reports on a lawsuit filed by a disciplined attorney because disciplinary records remain online. This brings up an important point. The internet...

Employee?s claim that her employee organization breached its duty of fair representation rejected as untimely

Posted on October 08, 2008
Nabors v Town of Somers, 2008 NY Slip Op 06972, decided on September 16, 2008, Appellate Division, Second Department Elizabeth Miller Nabors sued both. her former employer, the Town of Somers, alleging that she had been wrongfully terminated and her....

California Passes Law Outlawing Sending A Text Message While Driving

Posted on October 08, 2008
California law outlaws text messages while driving is a September 24, 2008 A.P. story which reports on a California law that outlaws sending or reading a text message while driving. The penalty? $20.00 for a first offense and $50.00 for...

Disability Discrimination and Social Insurance Programs

Posted on October 07, 2008
Professor Mark Weber, who is one of our nations experts on the IDEA and disability law, just posted an important new law review on SSRN. Its entitled Disability Rights, Disability Discrimination, and Social Insurance and will be published in 25...

House Votes To Extend Unemployment

Posted on October 07, 2008
Surprise, surprise with all this market turmoil, people are loosing their jobs. Therefore, it should come as no surprise that the House voted to extend unemployment benefits. However, it may not pass in the U.S. Senate. An Oct. 6, 2008...

7th Holds Complaint About Sexual Harassment To Employer General Counsel Is Protected Under Title VII's Opposition Clause

Posted on October 07, 2008
Magyar v. St. Joseph, ___F.3d___(7th Cir. Sept. 12, 2008) is an interesting and lengthly case that reviews the elements of a retaliation claim under Title VII. The plaintiff alleged she was discharged for complaining to the hospital's general counsel that...

7th Holds Statements Between Job Applicant With Hearing Impairment and Relay Service Are Admissible In ADA Case

Posted on October 07, 2008
Germano v. International___F.3d___(7th Cir. Sept. 12, 2008), is an unusual, but important ADA and litigation decision. In a case of first impression, the court held that statements transmitted by a communications assistant in a telecommunications relay service conversation between a...

First Monday In October

Posted on October 06, 2008
For the Supreme Court, a Term of Change Ahead is an interesting Oct. 6, 2008 Legal Times article about the Supreme Court's upcoming term. The article does not does specific court cases; rather it notes changing Supreme Court practice and...

President Bush Signs Emergency Economic Stabilization Act of 2008 Into Law

Posted on October 06, 2008
As all of your know, on October 3, 2008, President Bush signed the Emergency Economic Stabilization Act of 2008 into law. A collection of President Bush's remarks are available from the White House web site. H.R. 1424 is available here....

Post Glen Win For Plaintiff In Denial Of Disability Benefits Case

Posted on October 06, 2008
Curry v. American International Group Inc. Plan No., ___F. Supp. 2d___(S.D.N.Y. Sep't 10, 2008)(registration required) is a rare plaintiff win under ERISA. A disablity plan, which was operating under a conflict of interest under Glenn and Firestone, denied benefits to...

Consolidation In Arbitration

Posted on October 06, 2008
Uniting Arbitration Matters Under Circuit, State Law is an interesting September 22, 2008, New York Law Journal article. (registration required). The title is a bit misleading as the article is about arbitration consolidation and how NY State and federal law...

A.P. Article On Basic COBRA Law

Posted on October 05, 2008
What are health insurance options after job loss is an important September 14, 2008 A.P. article which summarizes basic COBRA requirements. COBRA is actually an amendment to ERISA and it generally requires that health insurance plans offer employees coverage for...

Women Bloggers

Posted on October 05, 2008
Where Are All the Female Law Bloggers? is an interesting Oct. 6, 2008 law.com article which quotes this network's co-founder Joe Hodnicki. Joe (who also runs Law Librarian Blog) is quoted as saying about 30% of the law bloggers are...

Wall Street Meltdown May Effect Law Firm Hiring And Student Loans

Posted on October 04, 2008
Wall Street Meltdown Could Affect Law Students Nearing Graduation is an Oct. 6, 2008 National Law Journal article which states this year it may be more difficult than ever to land a job and for students to obtain loans. As...

Foreign Contract Attorneys

Posted on October 04, 2008
As many of us know, more and more law firms are utilizing temporary contract attoneys. Sometimes these temps are even from outside the country. However, as recognized by Gabes Guide To The E-Discovery Universe, sometimes their work is not reviewed...

President Palin?? Maybe Even President Pelosi??

Posted on October 03, 2008
The Faculty Lounge ran a very interesting September 24, 2008 article entitled President Palin, and Other Electoral College Curiosities. It really is a law professor hypo about McCain and Obama splitting the electorial college votes and what then may happen...

NJ Appellate Court Holds Failure To Have Sexual Harassment Policy Is Negligence

Posted on October 03, 2008
Cerdeira v. Martindale-Hubbbell, __A.2d___(N.J. App. Div. Sept. 18, 2008) is an interesting New Jersey appellate case of first impression. Plaintiff was sexually harassed by a coworker for two years before complaining. The court held that plaintiff can go forward with...

NLRB permissibly concluded that employer justified its refusal to discharge replacements to make way for economic strikers.

Posted on October 03, 2008
United Steel v. NLRB, __F.3d___(7th Cir. 2008), is an important circuit affirmance of an NLRB decision concerning the reinstatement rights of strikers. The 7th held that given the totality of the circumstances in a union's unfair labor practices proceeding under...

Pending U.S. Supreme Court Education Law Cases

Posted on October 03, 2008
PENDING SUPREME COURT SCHOOL CASES September 17, 2008 *Blue Highlight Indicates Newly Filed Case *Red Highlight Indicates Change in Case Status CASE NAME DATE FILED SUBJECT MATTER CURRENT STATUS Forest Grove Sch. Dist. v. T.A. 9/3/08 Schools: IDEA - tuition...

BREAKING NEWS- SENATE PASSES THE EMERGENCY ECONOMIC STABILIZATION ACT OF 2008

Posted on October 02, 2008
The so-called bailout or rescue plan is actually called the EMERGENCY ECONOMIC STABILIZATION ACT OF 2008. A copy of this 451 page Bill is available here. A one page summary prepared by Senator Dodd is available here. A 6 page...

Rare Teacher First Amendment Victory

Posted on October 02, 2008
Johnson v. Poway Unified School District, ___F. Supp. 2d___(C.D. Cal. Sept. 4, 2008), demonstrates that although difficult, teachers could win First Amendment type cases against school districts. The court held that a high school teacher?s free speech right were violated...

Use of Time Out Room Permitted

Posted on October 02, 2008
Couture v. Board of Education, ___F.3d___(10th Cir. Aug. 3, 2008) is an important Education Law decision to be aware of. The court held that a school district?s repeated use of timeout room because of student disruptive behavior was permissible even....

New York Appellate Court Applies Right To Control Test To Determine Employee Status For Unemployment Insurance Purposes

Posted on October 02, 2008
Matter of Lessman v. Snowlift, ___A.D.3d___ (3d Dep't. Sept. 11, 2008), is an interesting decision because the court clearly defines employee status for unemployment insurance purposes. As the court stated: Initially, we note that the existence of an employment relationship...

Ladies Night As Discrimination

Posted on October 01, 2008
Legal Blog Watch ran an interesting September 30, 2008 story entitled Lawyer Loose Lady Night Law Suit It is about an attorney who unsuccessfully sued several New York night clubs and claimed that ladies nights violated his constitutional rights. The...

Cert. Petition Filed Over Whether Student Must First Enroll In Public School

Posted on October 01, 2008
As readers of this blog know, the Supreme Court in Tom F split 4-4 over the issue whether a student must first enroll in public school before he is entitled to an out of district placement. However, a conflict in...

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