A
federal judge also said that the government had offered no real
justification for limiting the ability of a professor who sued to
express opinions in a Military Academy classroom.
The
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.
This case arose when the government determined to remove the child, KA, from the plaintiff-father, KW, on the basis that the child’s mother was unsuitable to raise KA due to neglect and problems relating to her prior children. KW paid…
Here is another case that originates from the current political environment: a teachers’ union sued the U.S. Department of Justice, the Attorney General, and other high-ranking federal officials, challenging the Trump administration’s termination of approximately $400 million in federal funding…
The Supreme Court is going to decide whether sex discrimination victims may sue schools and universities under Title IX, which prohibits sex discrimination in federally-funded educational institutions. This case will resolve a split in the lower federal circuits, many of…
This wage-and-hour case went to trial in the Eastern District of New York. At the non-jury trial, the judge ruled for the plaintiff, holding that she was denied overtime pay, awarding damages in the amount of approximately $23,000 and about…
The First Department has reinstated a racial discrimination lawsuit against the City of New York and a police department supervisor based on explicit and implicit racial comments made by the supervisor in the context of the plaintiff’s employment.The case is…
New York enacted a comprehensive gun control law in 2022, the same year the Supreme Court issued the Bruen ruling that made it much more difficult for the states to regulate guns, holding that any current gun regulations must have…
This false arrest case went to trial in the Eastern District of New York. The plaintiff also asserted an abuse-of-process claim against the police. The case arose when plaintiff was arrested for trespass even thopugh he believed he had a…
The plaintiff in this case challenges his criminal conviction on the ground that the state trial court did not properly apply the law governing when you are justified in causing someone’s death. This case has a long road behind it,…
This is a wage-and-hour claim in which the plaintiffs — who distribute baked goods — assert their employer denied proper overtime pay in violation of the Fair Labor Standards Act. The issue is whether the trial court had authority to…