Blog Archives

Rolling Stone Retracts UVA Article Detailing Alleged Gang Rape

We previously reported that on November 19, 2014, Rolling Stone published an article titled “A Rape on Campus” by Sabrina Rubin Erdely. The article offers a brutal account of an alleged sexual assault of a freshman student, who is referred to as “Jackie” in the article, by seven men inside a fraternity house at the […]

Changing Times – A Guide to the Proposed Amendments to the Federal Rules of Civil Procedure

Over the past two years, litigants have faced significant changes to the Federal Rules of Civil Procedure that are critical to navigating the federal litigation landscape, including rules covering discovery, case management, and preservation of electronically stored information (“ESI”).  These changes, which the Judicial Committee on Civil Rules (“Advisory Committee”) first explored at a May […]

The Pregnancy Discrimination Act – Granting Equal Rights to Being Treated Poorly?

In 1978 Congress enacted the Pregnancy Discrimination Act (“PDA”) to amend Title VII of the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy.  Why then in 2014, over forty-five years later, is the Supreme Court deciding a case about a pregnant women being discriminated against in the workplace for […]

University of Virginia Suspends All Fraternities Amid Report of Sexual Assault Allegations

Just days after Rolling Stone published an article detailing the alleged sexual assault of a freshman student by seven men inside a fraternity house, the President of the University of Virginia, Teresa A. Sullivan, in a somewhat unconventional move, has decided to suspend all fraternities and related activities. The article, written by Sabrina Rubin Erdely, […]

ACCOMMODATING EMPLOYEE ODOR SENSITIVITY MAKES SCENTS FOR EMPLOYERS

Michigan employer settles ADA claim for $100,000 after allegedly failing to make reasonable accommodations for employee’s odor allergy Employers should be aware that the American with Disabilities Act (“ADA” or the “Act”) may cover an employee’s sensitivity to odors and related allergies. Failure to accommodate odor sensitivity could result in significant employer liability. In McBride […]

Plaintiff’s Vacation to Hawaii was a Nightmare, or not?

Riley v. Marriott Int’l, Inc., 2014 U.S. Dist. LEXIS 135728 (W.D.N.Y. Sept. 25, 2014). What happens when your dream vacation turns into a nightmare? That’s easy; it’s America, so obviously you sue everyone who may be responsible. Sometimes, if you’re lucky, the opposing side may not comply with e-discovery laws, and that may ultimately lead […]

Three Local School Districts Cancel Football Seasons Due to Hazing Allegations

Bullying is one of the fastest growing issues affecting schools across the country today. In the last month, three local high schools have taken a somewhat unprecedented approach in an effort to tackle problems of hazing in their locker rooms. First, on October 6, 2014, the Sayreville War Memorial High School’s football season was cancelled […]

Dozens of Harvard Law Professors Publicly Criticize The University’s Revised Sexual Harassment Policy

It may seem surprising – but even one of the most prestigious universities in the country got mixed in the U.S. Department of Education’s recent enforcement efforts to combat campus sexual misconduct. To make matters worse, in addition to receiving scrutiny from the U.S. Department of Education, complainants, and accused students, Harvard, in a somewhat […]

High Court Will Decide Whether “Continuing Violation Theory” Applies to Fiduciary Breaches

A case recently landed on the U.S. Supreme Court’s docket that may have significant consequences for corporations that offer 401(k) or other benefit plans to their employees. On October 2, 2014, the Court granted a petition for a writ of certiorari in which 401(k) plan participants asked the Court to determine whether a fiduciary’s “continuing […]

Proposed Transgender Student-Athlete Policy Sparks Public Controversy in Minnesota

It looks like transgender students in Minnesota will have to wait a few more months to receive clarity on whether they can participate in school athletics and play on sports teams based on their preferred gender identity (instead of their assigned birth gender). On October 3, 2014, the Minnesota State High School League (the “League”), […]