Content about Court of Appeals

September 9, 2013

A little-noticed Aug. 15, 2013, decision by the 6th U.S. Circuit Court of Appeals may make big waves, enabling unions to organize tiny bargaining units called microunits, according to Jonathan Segal, an attorney at Duane Morris in Philadelphia.

The decision looks innocuous enough at first glance, but Segal said it may be the National Labor Relations Board’s (NLRB) “Trojan horse.” 

Deferential Decision

August 5, 2013

An employer did not discriminate against an alcoholic worker by suspending her for being drunk at work and ordering her to remain alcohol- and drug-free for one year, the U.S. 2nd Circuit Court of Appeals has ruled in Clifford v. Rockland Cnty., (2d Cir., No. 12-3083).

The 2nd Circuit affirmed that special conditions imposed on employees identified as substance abusers are not grounds for discrimination and retaliation claims under the Americans with Disabilities Act Amendments Act (ADAAA).

March 15, 2013

An estimated two-thirds of the 6 million or so gas fireplaces in the U.S. are purely decorative.

And thanks to a recent court order, these decorative fireplaces will not have to abide by Department of Energy regulations on energy efficiency — averting big losses for manufacturers. The District of Columbia Court of Appeals ruled in favor of an appeal filed by the National Propane Gas Association (NPGA) challenging the DOE's recent actions to regulate decorative hearth products.

February 20, 2013

A store manager’s inability to be physically present at work during the busy season was a legitimate business reason for her termination, the 9th U.S. Circuit Court of Appeals ruled.

December 6, 2012

The U.S. Supreme Court appeared to struggle over the question of who qualifies as a supervisor under federal nondiscrimination laws. Hearing oral arguments in a case from the 7th U.S. Circuit Court of Appeals on Nov. 26, 2012, the high court addressed the issue, left unanswered in previous Supreme Court decisions, of when a “supervisor” includes an employee who oversees and directs other workers’ daily tasks, but has no authority over their formal employment status, (Vance v. Ball State Univ., No. 11-556).

November 14, 2012

The Seventh Circuit Court of Appeals today ordered that consumers in six states -- California, Indiana, Illinois, Kentucky, Minnesota and Texas -- who allege that Sears sold them allegedly defective Kenmore front-loading "high efficiency" washing machines manufactured by Whirlpool may band together in a class action.

November 5, 2012

Voters in 38 states will consider 174 statewide ballot measures on Nov. 6, 2012, according to the National Conference of State Legislatures (NCSL). These proposals are wide-ranging, with a number of them having potential workplace implications.

Questions appear on the ballots in more than one state concerning:

• Medical marijuana use; • Legalization of marijuana; and • Same-sex marriage.

August 26, 2012

Few stances have riled employers this summer more than the National Labor Relations Board’s (NLRB) position that employee handbooks with language about at-will employment may violate the National Labor Relations Act (NLRA). This position, which Kent Jones, an attorney with Nixon Peabody in San Francisco, characterized in an interview with SHRM Online as “a terrible stretch,” applies to all employers -- unionized or not.

The NLRB floated this theory in a pair of cases earlier this year at the Phoenix regional office.

May 1, 2012

A rule that would have forced most U.S. employers to post a notice of employees' rights under the National Labor Relations Act (NLRA) has been temporarily blocked by a federal circuit court.

The U.S. Circuit Court of Appeals for the District of Columbia on April 17 granted an emergency injunction pending the appeal of a prior D.C. district court ruling that the National Labor Relations Board (NLRB) had authority to issue the poster requirement, but had no ability to punish an employer for failure to comply.

April 27, 2012

A decision by the U.S. Court of Appeals for the District of Columbia (D.C.) Circuit Court has delayed a new rule — set to take effect April 30 — that required workplaces to post right-to-organize notices.

To be in compliance with the new rule, private employers will have to post an 11-in.-by-17-in. notice regarding employee rights to unionize under the National Labor Relations Act. The requirement was set by the National Labor Relations Board (NLRB).

April 18, 2012

A decision by the U.S. Court of Appeals for the District of Columbia (D.C.) Circuit Court has delayed a new rule -- set to take effect April 30 -- that required workplaces to post right-to-organize notices.

To be in compliance with the new rule, private employers will have to post an 11-by-17-in. notice regarding employee rights to unionize under the National Labor Relations Act. The requirement was set by the National Labor Relations Board (NLRB).

November 7, 2011

The U.S. Court of Appeals for the 7th Circuit affirmed a lower court’s decision giving Home Depot the rights to Edgenet’s “Big Hammer” database classification solution, which the Atlanta retailer duplicated after hiring Edgenet to be its solutions provider for manufacturers’ products and their many attributes.

August 18, 2011

The U.S. Michigan Court of Appeals has upheld the construction lien of Stock Building Supply over AmTrust Bank in a residential foreclosure case, according to an opinion released on Aug. 2. 

July 18, 2011

The Fifth District Court of Appeals upheld its December 2010 decision in favor of Menards, ruling that a lawsuit brought against the company by Anne Ramsay be dismissed without being brought before a jury. 

October 9, 2008

The appellate court unanimously ruled that the class action did not meet the “stringent” requirements...

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