http://www.elinfonet.com/fedindex/14 Articles discussing issues involving the practice of employment law, labor law, immigration law and employee benefits. Fri, 10 Feb 2012 03:02:14 EST en-us http://www.elinfonet.com/newscount.php?popID=11695 Article: 11695 Wed, 25 Jan 2012 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) A decision from the Pennsylvania Court of Common Pleas seems to hold that a judge who is Facebook friends with a party in a matter before him must recuse himself as a matter of course; failure to do so, in this particular case, resulted in the judge's decision being overturned. Does this mean that Pennsylvania judges will be subject to a new, lower standard for recusal? http://www.elinfonet.com/newscount.php?popID=11636 Article: 11636 Fri, 13 Jan 2012 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) As data volumes in discovery increase and the cost of handling electronic evidence rises, there may be a silver lining developing: some courts have awarded costs to prevailing parties related to e-discovery. While opinions are fact-driven and vary by jurisdiction, e-discovery-related costs may be recoverable in some instances if they are found to be necessary and reasonable. http://www.elinfonet.com/newscount.php?popID=11602 Article: 11602 Mon, 09 Jan 2012 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) In Metropolitan Life Insurance Co. v. Glenn, the U.S. Supreme Court resolved an issue dividing federal courts for decades when it ruled that the inherent conflict of interest affecting insurance companies that both decide and pay ERISA benefit claims is a factor for courts to weigh in determining whether there has been an abuse of discretion in connection with a benefit denial, but does not alter the applicable standard of judicial review. Unfortunately, the Supreme Court left open the question of when and how a conflict’s weight can be explored in discovery. The uncertainty surrounding the proper parameters of conflict discovery has produced thousands of district court decisions on the subject in the three years since Glenn was decided. http://www.elinfonet.com/newscount.php?popID=11446 Article: 11446 Thu, 08 Dec 2011 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) The exchange of initial disclosures between parties in a lawsuit brought in federal court is not generally considered the most useful endeavor. The parties have to exchange a few pieces of information but, for the most part, expect to get into the substance of the case only after formal discovery has begun in earnest. http://www.elinfonet.com/newscount.php?popID=11428 Article: 11428 Mon, 05 Dec 2011 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) Lesson No. 8: Don't fight the frame. A jury consultant remarked to me long ago, "You can't change the facts, but you can change the story." I now understand. I have tried a lot of cases. What I know is that a lawyer can't force his client’s story on the story a juror already believes. http://www.elinfonet.com/newscount.php?popID=11427 Article: 11427 Mon, 05 Dec 2011 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) My friend and employee/plaintiff's lawyer, Lee Smith of Atlanta (who does not have a web page, and who neither blogs nor tweets!), has been corresponding with me about the words that no employee's lawyer ever wants to hear from a client. I thought it would make a great blog post, and I'll follow with five from the employer's side. http://www.elinfonet.com/newscount.php?popID=11321 Article: 11321 Wed, 09 Nov 2011 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) Here are five pointless things to ask in a deposition. Full disclosure: I have sinned as to each. http://www.elinfonet.com/newscount.php?popID=11229 Article: 11229 Mon, 17 Oct 2011 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) Last week, I wrote about early motions to dismiss employment lawsuits under Rule 12(b)(6) and questioned whether they were always the best strategy for the employer. Most of last week's post simply described the differences between a motion to dismiss, a motion for summary judgment, and a trial, as background for the benefit of our readers who are not lawyers. http://www.elinfonet.com/newscount.php?popID=11108 Article: 11108 Fri, 23 Sep 2011 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) A goal in questioning a witness is to get him to agree to your question or make him look bad by not doing so. Here are three techniques. http://www.elinfonet.com/newscount.php?popID=11069 Article: 11069 Fri, 16 Sep 2011 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) Can a plaintiff's lawyer "friend" on Facebook high-ranking executives of a company he is suing and who he believes are dissatisfied with their jobs (therefore likely to make disparaging comments about their employer on FB)? No, not according to Ethics Opinion No. 2011-2 of the San Diego County Bar Legal Ethics Committeeissued on May 24. Why?