This case is a routine slip-and-fall claim against Wal-Mart Stores, where someone slipped on milk (or something in the milk aisle) and sued the store because it was on constructive notice that a dangerous condition could have led to a
Bergstein & Ullrich
Bergstein & Ullrich is a legal publisher that provides detailed analyses of recent court decisions and legal developments, primarily focusing on employment law, discrimination, labor law, and civil rights issues. Their content often covers appellate court rulings, statutory interpretations, and procedural aspects of cases involving workplace discrimination, family and medical leave, religious employment exceptions, and public authority liability. The publisher offers in-depth case summaries and legal reasoning that are useful for lawyers, legal scholars, and professionals interested in employment litigation and related legal principles.
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Circuit Court certifies sex-abuse issue to the New York State Court of Appeals
The Me-Too movement led to new laws allowing sex abuse victims to sue their abusers long after the statute of limitations had expired. In New York, the Legislature passed the Child Victims Act. But years earlier, in New York City,…
Protester loses excessive force on qualified immunity grounds
You may not be aware of this, but the Supreme Court on a regular basis summarily reverses rulings from around the country holding that a jury may find that police officers used excessive force in arresting people. These decisions are…
How does Muldrow affect discriminatory hostile work environment claims?
In researching recent legal developments for an upcoming Continuing Legal Education seminar, I have discovered a split among the circuit courts about how to apply the Supreme Court’s recent decision in Muldrow v. City of St. Louis (2024), which relaxes…
Preach it!
A street preacher sued a city in Mississippi, challenging the ordinance requiring him and other street preachers to limit their speech activities to a designated protest area. After the city prosecuted him for violating the ordinance, and he was found…
Due process, even for convicted sex offenders
In this due process case, a convicted sex offender charges the state with failing to secure him appropriate housing upon his release from prison. The Court of Appeals finds he has a case and it reinstates his lawsuit, which the…
Court of Appeals vacates Rule 11 sanctions in Starbucks coffee case
In the movie A Civil Action, a lawyer representing the big, bad chemical company moves for Rule 11 sanction against the plaintiff’s mass-tort lawyer played by John Travolta. The story takes place in the early 1980s, before Rule 11…
Another false arrest case bites the dust
For the second time this month, the Court of Appeals has reversed the trial court in finding that false arrest plaintiff cannot sue law enforcement due to qualified immunity — even though charges against the plaintiff were dropped.The case is…
False arrest case is dismissed on qualified immunity grounds
False arrest cases are often dismissed prior to trial because the police are able to prove they had probable cause to arrest the plaintiff. Even if the charges against the plaintiff are ultimately dismissed and the criminal process reaches that…
District court abused its discretion in resolving summary judgment motion under Rule 12 standard
The Court of Appeals has reinstated an employment discrimination lawsuit because, although the defendants moved for summary judgment under Rule 56, the trial court instead dismissed the case under the rules guiding a motion to dismiss under Rule 12. The case…