Civil Litigation - Page 99
This is FindLaw's collection of Civil Litigation articles, part of the Litigation and Disputes section of the Corporate Counsel Center. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.
Civil Litigation
Civil Litigation Articles
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Employers often have a need to inquire into their employees' personal lives for such purposes as determining fitness for a particular position, ensuring productivity and preventing illegal activity in the workplace. This article discusses these issues and provides a broad outline for employers to refer to when dealing with employee privacy. -
This article surveys the evolving Canadian experience with public-private partnerships (P3s) and the opportunities that are developing across the country in health care, energy and infrastructure. -
Statute Of Limitations Do Not Apply To Administrative Proceedings Under The Florida Civil Rights Act
As a result of Joshua v. City of Gainesville, 768 So.2d 432 (Fla. 2000), and Woodham v. Blue Cross & Blue Shield, 829 So. 2d 891 (Fla. 2002), the Florida Supreme Court has arguably clarified the timelines applicable to lawsuits under the Florida Civil Rights Act ("FCRA"). This brief article will discuss the question of whether there is a statue of limitations applicable to administrative proceedings under the FCRA and the answer of the Florida Commission on Human Relations ("FCHR"). -
More and more employees are attempting to invoke the Americans with Disabilities Act (ADA) in an attempt to characterize workplace misconduct as disease. As a result, the notion that an employer may fire an employee for not showing up, or even for stealing, may soon become outdated. -
Of course, we know that when plaintiffs in employment lawsuits get up on the witness stand and take the oath, their testimony that follows is always the truth, the whole truth, and nothing but the truth. Nonetheless, defense attorneys tend to be the cynical sort who sometimes believe that the plaintiff is not being entirely candid. It is rare that a plaintiff will break down on the stand and admit that his or her testimony is but a collection of lies, and prior inconsistent statements to use to impeach a plaintiff are not always available. -
A plaintiff in a sexual harassment lawsuit claims her male supervisor sexually assaulted her repeatedly. Discovery reveals, however, a life history of multiple traumas and dysfunctions, including childhood sexual abuse, prior suicide attempts, bulimia, and substance abuse. Another plaintiff, in a national origin discrimination lawsuit, claims to have been harassed or slighted dozens of times over many years on account of his ethnicity. Interviews with his supervisors and co-workers, however, reveal that he has long been suspicious and hypersensitive to even petty slights from others. -
Class action litigation in Canada continues to be marked by rapid and ongoing evolution. Significant developments in the Canadian class action world occur almost on a daily basis. There have been developments in many areas. This article focuses on national class, securities class actions, developments in Quebec, and "criminal interest rate" actions. -
There is an astonishing amount of hiring and promotion discrimination on the basis of race, ethnicity, and sex in the federal government which is not only legally indefensible, but ubiquitous. -
When embedded employment nondiscrimination clauses apply to faith-based social service providers that staff on a religious basis, such providers may turn to the Religious Freedom Restoration Act (RFRA) for protection. -
Activists urging European Union nations to adopt the class action device have recently begun citing Canada as a model. Like the United States, Canada has adopted formal class action rules that permit plaintiffs to bring class proceedings. And there is a perception that, to date, Canada has been spared the sort of rampant, U.S.-style class action litigation that has been widely criticized for imposing "huge, avoidable, and unnecessary cost[s]" on the economy.