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Litigation

Ooh, It Makes Me Wonder… It Really Makes Me Wonder.

This is a law-related blog, honest.  But first a story.   When I was in ninth grade our English teacher asked each student to pick a song where the lyrics REALLY meant something to us, and recite those lyrics in front of the class.  Coming from a home where my mother often listened to Broadway musicals, […]

State Court Loss Bars Federal Court Claims

Most lawyers are familiar with the concepts of res judicata and collateral estoppel.  While infrequently litigated (due, in part, to the significant costs of taking many business cases through trial), occasions do arise where litigants sometimes try their hand in a second forum.  This may be done because the litigants feel that another forum may […]

Federal Courts Considering Revisions to Electronic Discovery Rules

As any employer who has been through a federal court lawsuit can attest, litigation costs make the defense of employment lawsuits a costly proposition. In many cases, the costs of defense are greater than the potential recovery if the employee wins the case. Perhaps the biggest driver  of litigation costs is what has become known […]

Recording Supervisor’s Racially Offensive Remarks Leads to Reduced Jury Verdict

Baiting your supervisor to make racially offensive comments while secretly recording the conversation might seem like a great way to score a big settlement out of your employer.  However, that strategy can prove to be something of a double-edged sword — at least  in the eyes of the United States District Court for the Southern District […]

Maryland Court Dismisses ADAAA Claim Brought By Cop Who Can’t Run Fast

A federal court in Maryland dismissed a disability discrimination lawsuit filed by a police officer trainee who needed more than 17 minutes to run a mile and a half. LaPier v. Prince Georges County, No. 8:10-cv-02851 (2/7/13).  Rejecting the officer’s requests for a permanent light duty assignment or modification of the police department’s fitness standards, […]

Rite Aid’s Full-Day Unpaid Leave Policy Valid under FLSA

Three former Rite Aid pharmacists filed a class action suit against the national retain drugstore chain, seeking overtime pay under state and federal laws.  The professionals contended that Rite Aid’s unpaid personal leave policy disqualified them from exempt status under the Fair Labor Standards Act (FLSA), and impermissibly reduced their salaries.  Maryland’s federal district court […]