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Ambiguity in FMLA eligibility requirement

Dinsmore & Shohl LLP
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USA
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January 31 2007

Ambiguity in FMLA eligibility requirement allows First Circuit to find employee eligible for leave despite five-year break in service

Federal judge denies Obama Administration's motion to vacate the Stream Buffer Zone Rule

Dinsmore & Shohl LLP
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USA
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September 2 2009

The Obama Administration's efforts to rescind the revised Stream Buffer Zone Rule, enacted at the end of the Bush era, suffered a setback earlier this month

Double jeopardy? Citizen suit may proceed despite government enforcement action

Dinsmore & Shohl LLP
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USA
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September 2 2009

A Clean Water Act citizen suit may proceed against a coal operator notwithstanding government enforcement action addressing the same alleged violations, according to a federal district judge in West Virginia

Lies, damn lies and statistics: the truth behind MSHA penalty challenges

Dinsmore & Shohl LLP
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USA
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September 2 2009

The Mine Safety and Health Administration ("MSHA") recently released a document entitled "Contested Penalty Date - FY 2008-2009" containing data on the disposition of cases contested before the Federal Mine Safety and Health Review Commission ("Commission"

Supreme Court adopts EEOC standard for what constitutes a 'charge'

Dinsmore & Shohl LLP
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USA
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March 5 2008

On Wednesday, February 27, 2008, the United States Supreme Court held, in a 7-2 decision, that the proper test for determining whether documents filed with the EEOC constitute a 'charge' under the Age Discrimination in Employment Act ("ADEA") is whether the filing reasonably "should be construed as a request by the employee for the agency to take whatever action is necessary to vindicate her rights."

Supreme Court leaves “me too” discrimination evidence in the discretion of district courts

Dinsmore & Shohl LLP
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USA
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March 3 2008

On Tuesday, February 26, 2008, in an age discrimination case, the United States Supreme Court unanimously held that so-called “me too” evidence evidence that other individuals have been discriminated against on a similar basis (e.g., age), but under different circumstances may be relevant to an employee’s discrimination case, but it is a fact specific inquiry that will be left to the discretion of trial courts

Utilizing the transfer tax exemption in pre-confirmation asset sales after Piccadilly

Dinsmore & Shohl LLP
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USA
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May 6 2009

Last year, the United States Supreme Court resolved a circuit split and held in Florida Dept. of Revenue v. Piccadilly Cafeterias, Inc. that the transfer tax exemption in 1146(a) of the Bankruptcy Code only applies to transfers that occur after a plan has been confirmed

West Virginia Supreme Court finds no coverage for injuries resulting from underage drinking party at insured's home

Dinsmore & Shohl LLP
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USA
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February 3 2009

The West Virginia Supreme Court of Appeals issued a recent decision finding no coverage under a homeowner's insurance policy for injuries resulting from underage drinking at an insured residence when the homeowner was present and aware of alcohol being served there

Education Law Monthly

Dinsmore & Shohl LLP
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USA
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February 3 2009

On January 16, 2009, the United States Supreme Court decided to hear an appeal from an Arizona federal court in a case that will have immediate impact on public schools, no matter what the outcome

Multi-employer worksite doctrine: has the Occupational Safety and Health Review Commission reversed thirty years of precedent?

Dinsmore & Shohl LLP
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USA
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July 20 2007

After 30 years of upholding the right of the Occupational Safety and Health Administration ("OSHA") to cite the controlling employer of a worksite under the "multi-employer worksite doctrine," the Occupational Safety and Health Review Commission ("Commission") decided to rid itself of the inherent ambiguity and indecisiveness of the long standing doctrine

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