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NMB Final Rule regarding decertification of collective bargaining representatives survives union challenge
National Mediation Board did not act arbitrarily and capriciously when adopting a two-year period of repose following decertification, and the Final Rule does not violate the Railway Labor Act. A...
Blind hospital dietitian’s request for flexible work schedule was not reasonable
By Wayne D. Garris Jr., J.D. After becoming legally blind, the dietitian could no longer make the 60-mile drive to work. The Tenth Circuit affirmed a district court’s judgment that Colorado Plains...
Grocery store website not ‘a place of public accommodation’ under the ADA
The statutory language of Title III defining “public accommodation” is unambiguous and clear, and describes public accommodations as tangible, physical places. In a non-employment...
First Circuit upholds $20K sanction against attorney for frivolous claim
He ignored a “pointed warning” from a magistrate judge and pressed forward with a claim against an individual defendant that was “based on nothing more than a wing and a prayer...
Under ERISA, attorney’s fees cannot be imposed on opposing counsel
By Wayne D. Garris Jr., J.D. The district court charged attorney’s fees to the plaintiff’s attorney after finding that he kept the court in a “systemic state of confusion” by...