Wedding planners always suggest creating a timeline of tasks to accomplish as the big day approaches. Breaking down tasks and assigning them a priority in the buildup to the wedding is both efficient and stress-reducing. Getting to trial can be as hard as getting to the altar, with just as many moving parts to juggle. [...]
Filed under: Civil Litigation, Litigation Strategy | Tagged: checklist, discovery, opening argument, pre-trial preparation, trial, trial preparation | 3 Comments »
The Fair Labor Standards Act (FLSA), which was intended by Congress to govern the employment relationship, does not cover job applicants. At least, that was the conclusion the Fourth Circuit recently reached in a case of first impression at the federal appellate level.
Filed under: Employment Law, Legal Topics, New Legal Developments | Tagged: employees, employers, Fair Labor Standards Act, FLSA, job applicants, retaliation, wage and hour | Comments Off
Many condo complexes and buildings are governed by owner-members of the community. These folks often have little or no legal background and can get themselves into trouble when they get sued for personal injury or property damage within the development. To avoid having to unravel a disaster, counsel for these developments should arm the association management with [...]
Filed under: Civil Litigation, Legal Topics, Real property, Tort Law | Tagged: claims, common interest communities, condominium, homeowners' association | Comments Off
As this difficult economic situation continues, many employers are making the tough decision to reduce their workforce. But employers beware: If it’s not done correctly, a reduction in force can lead to an increase in employer headaches and costs.
Filed under: Business, Employment Law, Legal Topics | Tagged: downsizing, employment discrimination, layoffs, reduction in force | Comments Off
The following is a guest blog post by Marianne Dellinger, a law professor at Western State University College of Law. Heat waves. Droughts. Wildfires. Wildly varying snow packs and weather patterns. These are all too familiar, especially in California, but are they the effects of global climate change? And if so, are they a “public nuisance” [...]
Filed under: Business, Civil Litigation, Legal Topics, New Legal Developments, Real property | Tagged: AB 32, EPA, global climate change, global warming, greenhouse gasses, nuisance | Comments Off
The Sussex County Council in Delaware begins each public meeting with the Lord’s Prayer, and has now ended up with a lawsuit (.pdf) for violation of the separation of church and state.
Filed under: Civil Litigation, Constitutional Law, Legal Topics | Tagged: city council, establishment clause, First Amendment, free exercise, freedom of religion, invocation, Lord's Prayer | 2 Comments »
Question: True or False? To get a business record admitted into evidence under the business-records exception to the hearsay rule, you must show that the person who made the record is “unavailable as a witness.”
Filed under: Civil Litigation, Evidence, Legal Topics | Tagged: admissibility, business records, business records exception, evidence, hearsay rule | 2 Comments »
The unauthorized use of copyrighted material is more widespread and more immediately a part of our lives today than ever. We need only switch on our personal computers and open our Web browsers to encounter a new world of unauthorized reproductions. As unauthorized copying finds ever new media for testing the limits of legality, the [...]
Filed under: Business, Civil Litigation, Legal Topics | Tagged: copyright, digital infringement, Fair Use, infringement, Internet law | 2 Comments »
