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  • Monthly Archives: April 2012

    Suspension of 5th Grader in Crayon-Drawing Threat Upheld by Court

    In Cuff v. Valley Central School District, the U.S. Court of Appeals for the 2nd Circuit voted 2-1 to uphold the six day suspension of a fifth grade student (“B.C.”) who, through a crayon drawing, expressed his “wish” for violence towards his school and teachers.  The crayon drawing was created in the context of an […]

    Are Litigation Hold Letters Discoverable?

    Tracy v. NVR, Inc., 2012 U.S. Dist. LEXIS 44350 (W.D.N.Y. Mar. 26, 2012) To answer that question briefly: typically, no litigation hold letters are not discoverable. However, there is catch, which the Western District of New York (“WDNY”) has recently adopted. On March 26, 2012, the WDNY adopted the Major Tours, Inc.[1]principle that litigation hold […]

    Is a “Jesus Is Not a Homophobe” T-Shirt Protected by the First Amendment?

    Maverick Couch, a gay high school student in southwest Ohio, is suing the Waynesville School District, alleging that school officials violated his First Amendment rights by not allowing him to wear his “Jesus Is Not a Homophobe” T-shirt to school. Can the school constitutionally prohibit Maverick from wearing the T-shirt to school?”  Before we look […]

    E.D.N.Y. Rules on Firm’s Ethical and Legal Obligations to Preserve Former Client’s Emails

    FDIC. v. Malik, 2012 U.S. Dist. LEXIS 41178 (E.D.N.Y. Mar. 26, 2012). Last month, the Eastern District of New York ruled on the ethical and legal obligations of a firm to preserve their former client’s emails in Federal Deposit Ins. Corp. v. Malik, 2012 U.S. Dist. LEXIS 41178 (E.D.N.Y. Mar. 26, 2012). In FDIC v. Malik, […]

    NLRB Temporarily Enjoins Notice Requirements In Response to Conflicting Decisions

    Chamber of Commerce of the United States v. NLRB, Case No. 2:11-CV-02516-DCN (D.S.C. April 13, 2012). It seems that Friday the 13th was definitely an unlucky day for the National Labor and Relations Board (“NLRB”); a Federal District Court for South Carolina held that the NLRB exceeded its authority by issuing a rule requiring employers […]

    Middle School Student Suspended For Hugging Teacher

    After his teacher stepped in to break up a fight between himself and another student, Ryan Blackmon, an eighth grade student at Bladenboro Middle School in North Carolina, embraced his teacher and gave her a hug to show his gratitude. This action, of giving his teacher a hug, has led to his suspension from Bladenboro […]

    Plaintiffs in Da Silva Moore Request Judge Peck’s Recusal

    Da Silva Moore v. Publicis Groupe, No. 11 Civ. 1279 (S.D.N.Y. Feb. 8, 2012). On February 23, 2012, we wrote a blog post in regards to Judge Peck’s decision in Da Silva Moore, which ordered the parties to adopt a protocol for e-discovery that includes the use of predictive coding.  After the order was issued, […]

    Employment Litigation in Review #5

    Ninth Circuit Rules that Attendance is Essential Job Function For NICU Nurse Under ADA  Samper v. Providence St. Vincent Medical Center, Case No. 10-35811___ F.3d ___ (9th Cir., April 11, 2012). On April 11, 2012, the U.S. Court of Appeals for the Ninth Circuit upheld summary judgment for the defendant when it ruled that a […]

    Peanut Allergy Causes Death of a First Grader

    In recent years, there have been an increasing number of reports about cases involving serious injury or death of students from an allergic reaction to peanuts. In the most recent case, Hopkins Elementary School in Virginia is being investigated after the sudden death of Ammaria Johnson, a first grade student who suffered a severe allergic […]

    Failure to Act Promptly in Rectifying an Inadvertent Disclosure May Waive Privilege

    Jacob v. Duane Reade, Inc., 2012 U.S. Dist. Lexis, 11 Civ. 0160 (February 28, 2012) The Plaintiffs in this action are Assistant Store Managers who are pursuing a collective action under the Fair Labor Standards Act (“FLSA”) for overtime wages against Duane Reade, Inc. and Duane Reade Holdings, Inc. (“Duane Reade”).  On February 28, 2012, […]