Johnson V Baxter Healthcare Corporation
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Public Employee Discharge and Discipline
Author | : Isidore Silver |
Publisher | : Wolters Kluwer |
Total Pages | : 1778 |
Release | : 2001-01-01 |
Genre | : Law |
ISBN | : 0735521174 |
Managing public employment cases in today's volatile, fast changing legal arena is no easy task. Just keeping up with the complex developments in constitutional, labor, civil service, administrative, and common law can be a full-time job. Aspen Publishers' Public Employee Discharge and Discipline is the definitive work on every aspect of public employment law. This invaluable two-volume resource is the only one of its kind to deal with all public employment disciplinary and discharge issues for federal, state and municipal employees. The Third Edition offers thorough analysis and in-depth discussion of such essential topics as: First Amendment and whistleblowing Public sector collective bargaining and arbitration Due process in discipline and discharge Administrative and judicial review Title VII, ADA, FMLA, and other discrimination laws Sexual harassment under 1983, Title IX, and Title VII Drug testing Invasion of privacy Applicability of common law tort and contract principles of wrongful discharge Summaries of federal and state cases Also, with Public Employee Discharge and Discipline, you will also get a BONUS CD-ROM containing over 30 easy-access, customizable forms as well as current surveys of state and federal cases! Public Employee Discharge and Discipline has been updated with the latest developments, including: Latest developments in the movement to limit or abrogate public employment collective bargaining Gross v. FBL Financial Services, a Supreme Court decision requiring an employee to prove that age discrimination was andquot;the soleandquot; and andquot;but forandquot; cause of discharge under the ADEA, 29 U.S.C. and§ 623(a) Adoption of Gross andquot;Sole Motiveandquot; Standard by Seventh Circuit in Fairley v. Andrews and Serwatka v. Rockwell Analysis of Thompson v. N.A. Stainless L.P., a 2011 unanimous Supreme Court decision that retaliation against a fiancandée for an employee's Title VII claim was actionable Discussion of Staub v. Proctor, another 2011 unanimous Supreme Court decision that a supervisor's bias may be andquot;a motivating factorandquot; for, and a proximate cause of, a discriminatory discharge, if it played some role in contributing to it, whether or not a non-biased decisionmaker conducted an independent investigation Evidentiary issues in discrimination litigation, including Sprint/United Management Co. v. Mendelsohn, a Supreme Court holding that andquot;me tooandquot; evidence of age discrimination - comments against other employees by other supervisors - may be admissible if relevant to the culture of the employer and Reid v. Google, Inc., a California Supreme Court decision that non-decisionmaker co-workers' andquot;stray remarksandquot; were relevant to an age discrimination claim Discussion of 14 Penn Plaza LLC v. Pyett, a Supreme Court decision that a CBA providing arbitration as the sole remedy for ADEA claims and noting that Gilmer andquot;fully applies in the collective bargaining contextandquot; City of Ontario v. Quon, wherein the Supreme Court upheld monitoring of employer issued text-messaging devices to determine whether costs to the police department were being unduly inflated by personal calls as a andquot;reasonableandquot; search under the Fourth Amendment In re Golinski, a Ninth Circuit decision that denial of health benefits to married homosexual federal employee under the Health Benefits Act, 5 U.S.C. and§ 8903(1) because of a purported ban under the Defense of Marriage Act, 1 U.S.C. and§ 7, was impermissible under principles of statutory interpretation and other decisions that DOMA violated Equal Protection Continuing a
Shapo on the Law of Products Liability
Author | : Marshall S. Shapo |
Publisher | : Wolters Kluwer |
Total Pages | : 3484 |
Release | : 2012-10-22 |
Genre | : Law |
ISBN | : 1454821477 |
A proliferation of lawsuits involving sport utility vehicles, defective tires, medical devices and drugs, and asbestos abounds. Public attention to products liability cases is at an all-time high, and awards routinely run into the millions of dollars. When developing a strategy in this high stakes world, attorneys can't afford to have anything other than the best information and insight into this evolving area of law. Lawyers need practical tools to assess a products liability case's potential and build their approach, and Shapo on the Law of Products Liability provides the tools to give you the winning edge. Through a holistic analysis of the law and its principal developments as witnessed in hundreds of cases, this treatise gives litigators a wide variety of perspectives on potential strategies, and the tools to support those strategies with persuasive arguments. This authoritative two-volume work will enable you to: Assess products liability case potential and build sound litigation strategies Dig deep into products liability law to build creative approaches to litigation Craft a winning case and reap the greatest reward for your clients Find the tools and information to support strategies with persuasive arguments Both federal and state courts contribute a rich mix of decisions to products liability law, which covers both consumer products and occupational hazards. This indispensable resource for the products liability practitioner helps you prepare your case. Is the product defective? Who is liable? What is the manufacturer's responsibility? Who can be sued? What kind of awards may be realized? How might this be defended? Shapo on the Law of Products Liability also includes coverage of: Asbestos litigation Chinese drywall Food and drug Medical devices Design/manufacturing defects claims Punitive damages Discovery rule Up to date analysis and commentary History and background on products liability law Damages Advertising material Packaging Marshall S. Shapo, the Frederic P. Vose Professor at Northwestern University School of Law, is a nationally recognized authority on torts and products liability law.
Official Reports of the Supreme Court
Author | : United States. Supreme Court |
Publisher | : |
Total Pages | : 680 |
Release | : 2005 |
Genre | : Constitutional law |
ISBN | : |
Business Law
Author | : David Kelly |
Publisher | : Routledge |
Total Pages | : 655 |
Release | : 2014-06-20 |
Genre | : Business & Economics |
ISBN | : 1317935128 |
"Business Law offers comprehensive coverage of the key aspects of business law in a straightforward manner that is easy to understand for both law and non-law students. Established legal topics such as Contract, Company and Employment Law, as well as emerging areas such as Health and Safety and Environmental Law, are considered as they apply to business. Including all the recent major developments in the law, such as the Equalities Act and environmental permitting, and the impact of environmental and climate change regulation on businesses, Business Law offers a fully comprehensive, topical overview of the subject for classroom use"--
Drug and Medical Device Product Liability Deskbook
Author | : James Beck |
Publisher | : Law Journal Press |
Total Pages | : 982 |
Release | : 2004 |
Genre | : Law |
ISBN | : 9781588521217 |
This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.
Case Studies in Forensic Epidemiology
Author | : Sana Loue |
Publisher | : Springer Science & Business Media |
Total Pages | : 211 |
Release | : 2007-05-08 |
Genre | : Medical |
ISBN | : 0306475243 |
Epidemiology has often been defined as the study of the distribution of disease, together with the distribution of factors that may modify that risk of disease. As such, epidemiology has often been reduced to a methodology only, providing a mechanism for the study of disease that is somehow removed, separate and apart from the populations that serve as its focus. Epidemiology, however, is much more than that. The discipline p- vides a way of perceiving and knowing the world, and of relating to the c- munities whose health and disease patterns we are trying to understand. As such, its usefulness extends past the construction of questionnaires, the detective work inherent in tracing the source of an infection or the analysis of data. Rather, epidemiology serves as a point of reference and a linkage between various domains of reality: in the courtroom, between a com- nity’s injuries and those alleged to be responsible for those violations; between the community striving to effectuate changes to improve its health and environment and the lawmakers and policymakers whose actions may dictate or control the likelihood of that change; and between “mainstream” populations and those who become or remain marginalized and stigmatized due to disease or perceived disease.