Archives: Case Law update

Subscribe to Case Law update RSS Feed

Jury Waiver Unenforceable For Inadequate Notice of Claims Covered

A New Jersey appeals court has declined to enforce a jury waiver as to statutorily protected whistleblower rights because the provision at issue failed to state adequately the right being surrendered and the claims that were affected. A former employee argued that the jury waiver in his employment contract did not preempt his statutory right … Continue Reading

Third Circuit: No Direct Evidence Needed for Mixed-Motive Jury Instruction in FMLA Retaliation Cases

A former employee alleges that he was terminated because he exercised his right to take intermittent leave under the Family and Medical Leave Act. His former employer asserts that his FMLA leave had nothing to do with his termination. Rather, the employer claims, he was let go simply because his position was eliminated. At trial, … Continue Reading

Using Electronically Stored Information in Employment Trials

          In employment litigation, evidence now admitted during most trials routinely includes electronically stored information (ESI), including email communications and documents the receipt of which is often acknowledged with a mouse click. Trial counsel must know how to authenticate such ESI to ensure the court will allow it into evidence. Counsel also should be aware of … Continue Reading
LexBlog