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  • Monthly Archives: October 2011

    Attention Employers: Dust Off Your EPLI Policies, ASAP

    Cracker Barrel Old Country Store, Inc. v. Cincinnati Ins. Co., No. 3:07-cv-00303 (M.D. Tenn. Sept. 16, 2011) The United States District Court for the Middle District of Tennessee put those employers with Employers Practices Liability Insurance (EPLI) policies on high alert a few short weeks ago upon handing down its decision in Cracker Barrel Old […]

    NLRB Postpones Deadline for Posting of Employee Rights Notice

    Last month, we wrote about a new rule that requires employers to post a notice of employee rights under the NLRA, and then provided you with the actual notice to be posted.  Well, today the NLRB has pushed back the deadline employers have to post that notice.  According to a NLRB news release, The National […]

    Fifth Circuit Determines That Temporary, Indefinite Employment Does Not Toll the Limitations Period for Age Discrimination

    Phillips v. Leggett & Platt, Inc., No. 10-60585 (5th Cir. Sept. 21, 2011) On September 21, 2011, the Fifth Circuit reversed a district court’s decision to award an age discrimination plaintiff $48,000 because the plaintiff’s claim was time-barred. In Phillips v. Leggett & Platt, Inc., the plaintiff, a 66-year-old former employee for the defendant, was […]

    Government is to Bear Burden of Reproducing ESI in Criminal Case

    United States v. Briggs, et al, No. 10-CR-184S (W.D.N.Y. Sept. 8, 2011) In a matter of first impression, the Western District Court of New York recently answered the question as to the manner in which the Government is to produce certain ESI where the Federal Rules of Criminal Procedure are silent as to the issue. […]