ADAAA Regulations Alert

ADAAA Regulations Alert

March 31, 2011

Effective January 1, 2009, the ADAAA significantly expanded the definition of the phrase "disability" under the Americans with Disabilities Act (ADA). This alert discusses the increased liability for employers under the new regulations.

An Update On Top-Down Discovery In Actions Alleging 'Institutional Bad Faith'

An Update On Top-Down Discovery In Actions Alleging 'Institutional Bad Faith'

March 24, 2011

This article is intended to serve as a primer for the discovery process in an institutional bad faith action, and discusses what types of discovery may be propounded by the plaintiffs; what types of objections may be made by the insurer; what approaches courts have implemented to resolve the disputes; and, what types of strategies may be successful for the parties

"Cat’s Paw" Defense Diminished

March 4, 2011

A March 2011 United States Supreme Court decision, Staub v. Proctor Hospital, held that an employer is liable if an unbiased supervisor makes a decision that adversely affects an employee as long as that decision was at least partly based on the recommendation of a biased supervisor. The case, which was decided under the Uniformed Services Employment and Reemployment Rights Act (USERRA), changes the rule and limits an employer's defense to liability for advserse employment actions.


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