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Results: 1-10 of 38

Regulatory proceedings and property rights: revisited

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 19 2007

The Court of Appeal has reversed the decision of the High Court in R (Malik) v Waltham Forest Primary Care Trust and others 2006 EWHC 487, in which Mr Justice Collins held that a decision by a Primary Care Trust to suspend a doctor from the medical performers list, as part of professional disciplinary processes, was an unjustified interference with the doctor's rights under Article 1 of the First Protocol (the right to peaceful enjoyment of possessions) ("A1P1"

President Bush signs law to expand FMLA leave for families of military service members

  • Alston & Bird LLP
  • -
  • USA
  • -
  • January 30 2008

The 2008 National Defense Authorization Act, signed by President Bush on January 28, 2008, has significantly expanded the Family Medical Leave Act (FMLA) for families of military service members

Article 6 rights in employment disputes

  • Morton Fraser
  • -
  • United Kingdom
  • -
  • September 13 2010

You may remember that there have been some recent cases where Article 6 of the European Convention on Human Rights has been used to successfully argue that they are entitled to be legally represented at an internal disciplinary procedure

Right to legal representation at disciplinary hearings

  • Morton Fraser
  • -
  • United Kingdom
  • -
  • August 18 2009

The Court of Appeal decision in Kulkarni v Milton Keynes Hospital NHS Trust provides authority that doctors have the right to legal representation at disciplinary hearings where the doctor concerned is facing charges of misconduct or capability

Upcoming cases in the United States Supreme Court’s 2010 term: Volume II

  • Larkin Hoffman
  • -
  • USA
  • -
  • February 15 2011

The Supreme Court's 2010-2011 term began in October, and it is expected to conclude by the end of April

Supreme Court rules that employer could be liable for adverse employment actions even if the decisionmaker has no unlawful motive

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • March 7 2011

On March 1, 2011, the United States Supreme Court held in Staub v Proctor Hospital that if a supervisor performs an act motivated by antimilitary animus that is intended by the supervisor to cause an adverse employment action, and if that act is a proximate cause of the ultimate employment action, then the employer is liable under the Uniformed Services Employment and Reemployment Rights Act ("USERRA"

How can employers deflect the cat's paw?

  • Hunton & Williams LLP
  • -
  • USA
  • -
  • March 17 2011

Earlier this month, the U.S. Supreme Court ruled that the “cat’s paw” theory of employment discrimination -- that an employer can be liable for the discriminatory animus of an employee who influences, but does not make, an ultimate employment decision -- applies to claims brought under the Uniformed Services Employment and Reemployment Rights Act (USERRA), the law that protects individuals called to military service during their private employment

Supreme Court issues decision regarding “cat’s paw” claims of discrimination

  • Poyner Spruill LLP
  • -
  • USA
  • -
  • May 9 2011

In the recent case of Staub v Proctor Hospital, the United States Supreme Court addressed the so-called "cat's paw" claim of discrimination under the Uniformed Services Employment and Reemployment Rights Act

BLG Monthly Update

  • Borden Ladner Gervais LLP
  • -
  • Argentina, Australia, Canada, United Kingdom, USA
  • -
  • December 19 2012

The BLG Monthly Update is a digest of recent developments in the law which Neil Guthrie, our National Director of Research, thinks you will find

Inglis v. Nova Scotia Public Service Long Term Disability Trust Fund (Trustees)

  • Harper Grey LLP
  • -
  • Canada
  • -
  • March 24 2011

The insured worked as a plumber for the Nova Scotia Department of Transportation between 1979 and 1996 when he sought long-term disability benefits and damages due to diabetes

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