News

Ohio Legislature Proposes Major Reform of Ohio Employment Discrimination Law

By EsqSocial Corporation 02/03/17

The Ohio employment discrimination statute may be in for substantial changes. A bill aimed at comprehensive reform of Ohio’s employment discrimination statute (R.C. § 4112) has been introduced Ohio Legislature....

California’s Storms Are Not California Dreaming

By EsqSocial Corporation 02/03/17

- It is essential to keep track of deadlines mandated under policies. - Keep in mind that several types of insurance—not just property insurance—may cover flood and storm-related losses (such as property damage, loss of use and business...

Judge Finds Defense Counsel’s Reliance upon Pre-Amendment Rule 26 in a Motion to Compel the Equivalent of Bad Faith – Resulting in Significant and Embarrassing Sanctions

By EsqSocial Corporation 01/03/17

In Fulton v. Livingston Financial LLC, 2016 WL 3976558 (W.D. Wash. July 25, 2016), U.S. District Judge James L. Robart sanctioned a defense lawyer who “inexcusabl[y]” relied on outdated case law and pre-2015 amendments to Federal Rule of Civil...

Odor of Marijuana Grounds for Vehicle Search

By EsqSocial Corporation 01/03/17

In Robinson, et. al. v State, Nos. 37, 39, & 46, September Term, 2016, decided January 20, 2017 (Watts, J.), the Maryland Court of Appeals, Maryland’s highest court, (the “Court”) held that a law enforcement officer (“officer(s)”) has probable cause...

OSHA Penalties Keep Changing, But the OSH Act Remains the Same: Were OSHA’s Recent Penalty Increases Valid?

By EsqSocial Corporation 01/03/17

Federal OSHA increased its maximum penalties last summer for the first time since 1990. The increase occurred pursuant to a new law requiring federal agencies to adjust penalties to account for inflation. However, the OSH Act, which specifically...

Workwise: 5 Tips to Avoid Constructive Dismissal Claims

By EsqSocial Corporation 01/03/17

A constructive dismissal claim arises when an employer unilaterally changes a fundamental term of the employment agreement and, while the employer has not directly terminated the employee, the employee feels as though they are being pushed out and...

California Court Rules Commission-Paid Employees Are Entitled To Separate Rest Period Pay

By EsqSocial Corporation 01/03/17

A California appellate court ruled yesterday that workers paid on a commission basis must be separately compensated for legally required rest periods (Vaquero v. Stoneledge Furniture LLC). When combined with a state Supreme Court ruling late last...

Court Allows Retired President to Pursue Claim of Contract for Lifetime Pay and Benefits Against University

By EsqSocial Corporation 01/03/17

On February 7, 2017, the U.S. District Court for the Eastern District of Kentucky ordered that the former President of the University of the Cumberlands, Dr. James Taylor, may proceed on his claims that the University failed to follow through on its...

Federal Circuit Vacates and Remands to PTAB Because of Insufficient Analysis of Obviousness in IPR

By EsqSocial Corporation 01/03/17

In a unanimous opinion issued on February 14, 2017, a three-judge panel of the Federal Circuit vacated the Board’s obviousness determination in Apple’s inter partes review against PersonalWeb and remanded for further proceedings, “because the Board...

New Administration Ramps up Enforcement Efforts

By EsqSocial Corporation 01/03/17

The Trump administration has vowed to bring jobs back to the states. One of the methods it appears it’ll take advantage of is continued, aggressive enforcement of U.S. laws governing exports and international conduct....

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