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
Wait A Second!
The blog "Wait A Second!" published by Bergstein & Ullrich focuses on detailed analyses of recent court decisions and legal principles primarily in employment law, civil rights, and public sector litigation. It covers topics such as employment discrimination, labor law exceptions like the ministerial exception, Family and Medical Leave Act (FMLA) claims, sexual harassment standards, and indemnification issues for public officials. The blog also discusses appellate court rulings on evidentiary matters, jury instructions, and the impact of Supreme Court decisions on lower court interpretations. It provides insights into how courts interpret statutes and doctrines affecting employees, employers, and public entities.
Latest from Wait A Second! - Page 4
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…