Archive for June, 2003

Commentary on Supreme Court’s mixed motives decisi…

Tuesday, June 24th, 2003

Commentary on Supreme Court’s mixed motives decision

On Findlaw, Joanna Grossman weighs in on the Desert Palace case

Joanna provides a good summary of the background to this case and its holding, and suggests one implication of the case may be a more liberal view of the courts toward “animus” evidence that may previously have [...]

George Lenard on General |

1st Cir. opinion has wise, measured approach on tw…

Tuesday, June 24th, 2003

1st Cir. opinion has wise, measured approach on two key harassment issues; reasonableness of failure to report harassment due to fear of reprisal, and constructive discharge as precluding affirmative defense

Reed v. MBNA Marketing Sys., Inc. (1st Cir. 06/19/03) reversed summary judgment in favor of employer because jury could conclude failure to report alleged harassment [...]

George Lenard on General |

Back for a couple of days Webelos camp was gr…

Tuesday, June 24th, 2003

Back for a couple of days

Webelos camp was great; now we’re packing up for our trip.

3rd Cir. case rejects a variety of arguments against the validity of ADEA release

Wastak v. Lehigh Valley Health Network (3rd Circuit June 11, 2003) considers and rejects a number of interesting arguments against an ADEA release, including:

1) the claim [...]

George Lenard on General |

Happy Blawg-Anniversary to Me! Made it to the o…

Thursday, June 12th, 2003

Happy Blawg-Anniversary to Me!

Made it to the one-month mark without burning out. Now I need to get some readers ! If you’re reading this, please click the link at left and email me so I know someone’s out there.

Meanwhile, after tomorrow, I’ll be on a brief hiatus as I go to cub scout [...]

George Lenard on General |

Another view of the Supreme Court’s Hibbs decision…

Thursday, June 12th, 2003

Another view of the Supreme Court’s Hibbs decision on applying the FMLA to the states

“A Single Day’s Decisions Illustrate Deep Fault Lines In the Supreme Court: Why Hibbs and Chavez Are Symptoms of the Justices’ Divisions,” (Edward Lazarus for Findlaw) provides some speculative insight into what may have happened behind the scenes at the [...]

George Lenard on General |