Category Archives: Litigation

Best venue for discrimination suits?

A recent study suggests (again) that the state court systems are a better venue for employment discrimination lawsuits for plaintiffs.  The study is here.  (Hat tip to Wage Law.)  The Wall Street Journal recently ran an article on the topic … Continue reading

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4th Circuit Decides Case On Exhaustion Of Administrative Remedies

On January 5, 2009, the U.S. Court of  Appeals for the Fourth Circuit issued a published opinion in the matter of Jones vs. Calvert Group, Limited.  The case considered several issues involving the exhaustion of administrative remedies in a Title … Continue reading

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Attorney’s Fee Decision Points out Cost of Litigating Employment Cases

In a published decision by the U.S. Court of Appeals for the Fourth Circuit, dated December 3, 2008, the court analyzed a fee award to the attorney for a former employee of the defendant.  The opinion in Grissom vs. The … Continue reading

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2008 “Judicial Hellholes” Announced

The winners of this year’s American Tort Reform Association “Judicial Hellholes” are: West Virginia South Florida Cook County, Ill. Atlantic County, NJ Montgomery and Macon Counties, Ala. Los Angeles County, CA Clark County (Las Vegas), Nev. The “watch list” includes … Continue reading

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Things Not To Say In An Email

UPDATED 12/4/2008 CIO.com has an entertaining article entitled “10 Things You Should Never Write in An Email or Instant Message.”  The list was complied by a company that writes e-discovery software.  The Connecticut Employment Law Blog has a employment law post here … Continue reading

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Termination Based on Online Misconduct Firing Upheld

Although the case arises in the public employee/First Amendment context, the Connecticut Employment Law Blog has a post today here on a decision by the U.S. District Court in Connecticut finding against a teacher fired based on inappropriate conduct on … Continue reading

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Study Suggests Employers Fare Better In Federal Court

The Ohio Employer’s Law Blog has a post on a study performed on employment lawsuit outcomes in federal court from 1979 to 2006.  The conclusion?  No surprise — it is better for defendants in employment lawsuits to be in federal court.  … Continue reading

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Study Suggests Plaintiffs Do Better By Settling Than Going To Trial

The New York Time reports that a soon-to-be-released study suggests that plaintiffs who settle cases before trial are better off than those that choose to go to trial.  The story is here.  The Ohio Employment Lawyer’s Blog has a post … Continue reading

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Employers Attempt To Limit Time To File Claims In Applications

A story in the ABA Journal news section recently briefly discusses employers attempting to limit the time to file claims in their job applications.  There is also a story on Law.com on the same topic.  Why is there a renewed … Continue reading

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Worst Places To Be Sued?

Forbes.com has an article on the worst places to be sued.  Overlawyered.com has a post with links to commentary on the article.

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Worst Places To Be Sued?

The American Tort Reform Association released its annual report on “Judicial Hellholes,” the worst places to be sued in the U.S.  Madison County, Illinois, was pleased to be removed from the list after it implemented judicial reforms. (Hat tip to the … Continue reading

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Federal Study Suggests That Employers Win Small Number of Employment Discrimination Claims On Summary Judgment

(h/t Workplace Prof Blog) An initial report by the Federal Judicial Center on summary judgment practice across the federal district courts suggests that between 9% – 14% of all employment discrimination cases are actually terminated on summary judgment (Table 12).  The report … Continue reading

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