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Friday, March 19, 2010 July 2004   VOLUME 1 ISSUE 2  
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USLAW MEMBER NEWS

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IN THIS ISSUE...
The Importance of a National Law Firm Network
Cutting-Edge Approaches for Managing Mass Tort Litigation in the New Millenium
USLAW Transportation Practice Group Meeting to be Held in Boulder, Colorado, August 5-7, 2004
Department of Labor Modifies "White Collar" Exemption Rules
USLAW Member Firm to the Rescue
USLAW Member Spotlight
U.S. Supreme Court Permits Affirmative Defense for Constructive Discharge Cases
The "Galatis" Loophole
District of Columbia Court of Appeals Invalidates New Hours of Service Rule
The Big Apple Was a Big Success
Seventh Circuit Upholds Anti-Stacking Clauses
ACOG Research Results In Reevaluation Of Fetal Brain Injuries
Recent Trial Results of USLAW Member Firms
Hall Booth Avows the Only Thing Better Than Virginia Home Cooking is LeClair Ryan
Employers Score a Victory with the NLRB!
The Latest Weapon in the Arsenal of the Plaintiff's Bar: The Tort of Abuse Process
The Tripartite Relationship - Ethical and Practical Considerations
USLAW Construction Group Meets in Cleveland
Paid Family Leave Creates New Benefits For Employees and Increased Legal Concerns for California Employers
USLAW Member News
Are Medicare Set-asides Required in Cases Other than Workers’ Compensation?
The HIPAA Privacy Rule Contains Estate Planning Considerations
California Legislature Makes Confidentiality Provisions Difficult in Elder Abuse Cases
Same-Sex Marriages: Massachusetts Supreme Judicial Court Ruling Enables Gay Couples to Marry
USLAW QUICK POLL

Often, one or more of the following states is depicted as the most "unfriendly" state for litigation for an out of state corporation. Which state do you believe is deserving of the label: "Tort Hell"?

Alabama

California

Florida

Mississippi

Texas

West Virginia

Other

 [See Results]

ABOUT USLAW

Launched in 2001, USLAW is an organization of independent law firms with offices throughout the United States. Through USLAW, these firms share information in order to enhance the speed, efficiency and quality of legal services provided to each member's clients. By sharing this information, USLAW firms provide high quality legal services, without unnecessary expense to the client.

Click here for more information about USLAW!

NEWSLETTER ARCHIVE
April 2004
February 23, 2004
Vol. 1 Issue 1
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Department of Labor Modifies "White Collar" Exemption Rules
by Tom Birchfield, Greenebaum Doll & McDonald PLLC, Louisville, KY

On Tuesday, April 20, 2004, the United States Department of Labor ("DOL") announced long-awaited changes to the regulations governing overtime eligibility under the federal Fair Labor Standards Act ("FLSA"). The new regulations, which will go into effect on August 23, 2004, constitute the first significant change to the exemptions affecting "white collar" employees since 1949.

[CLICK FOR FULL STORY]
 
U.S. Supreme Court Permits Affirmative Defense for Constructive Discharge Cases
by Bob Kilgore and Foy Meyer, Cox & Smith Incorporated, San Antonio, TX

Employees who quit their jobs as a reasonable response to an abusive working environment are entitled to sue their employers for constructive discharge under Title VII of the Civil Rights Act of 1964. In Pennsylvania State Police v. Suders, No. 03-95, 2004 WL 1300153 (June 14, 2004), the Supreme Court clarified under what circumstances employers defending against such claims are strictly liable, and under what circumstances they may rely on the Ellerth/Faragher affirmative defense.

[CLICK FOR FULL STORY]
 
Employers Score a Victory with the NLRB!
No Right to Have Co-Worker Present During Workplace Investigation in a Non-Union Setting
by Donna McElroy, Cox & Smith Incorporated, San Antonio, TX

On June 9, 2004, the National Labor Relations Board ("NLRB") gave employers a welcome victory by holding that non-union employees do not have the right to have a representative or co-worker present during a workplace investigation, in IBM Corp., 341 NLRB No. 148 (June 9, 2004).

[CLICK FOR FULL STORY]
 
Paid Family Leave Creates New Benefits For Employees and Increased Legal Concerns for California Employers
by Cassondra Halpin, Murchison & Cumming
Los Angeles, CA


On January 1, 2004, most California employees saw an increase of 8% in their state disability withholdings. This additional withholding is being used to fund California’s new Paid Family Leave program, also known as Family Temporary Disability. Beginning on July 1, 2004, nearly every California employer may see an increase in the number of employees taking leave due to a “serious health condition” of a family member or because of the birth, adoption or foster placement of a child.

[CLICK FOR FULL STORY]
 
ARTICLES BY TOPIC
USLAW Member News
USLAW Events
Employment Law
Insurance/Bad Faith
Environmental / Toxic / Mass Tort
Professional Liability
Transportation
Recent Case Law/Legislation

RECENT CASE LAW

Are Medicare Set-asides Required in Cases Other than Workers’ Compensation?

Same-Sex Marriages: Massachusetts Supreme Judicial Court Ruling Enables Gay Couples to Marry

California Legislature Makes Confidentiality Provisions Difficult in Elder Abuse Cases


The HIPAA Privacy Rule Contains Estate Planning Considerations

UPCOMING EVENTS

USLAW Environmental/Toxic/Mass Tort Practice Group Fly In Meeting
July 23, 2004
Hyatt Regency O'Hare
Rosemont, Illinois

USLAW Midwest Region Meeting
July 29, 2004
Hyatt Regency O'Hare
Rosemont, Illinois

USLAW Business/Commercial/Class Action & Products Practice Group Fly In Meeting
July 30, 2004
Hyatt Regency O'Hare
Rosemont, Illinois

USLAW Southeast Region Meeting
August 19-20, 2004
Memphis, Tennessee

USLAW Retail Practice Group Fly In Meeting
August 30-31, 2004
Firestone Country Club
Akron, Ohio

USLAW Transportation Seminar
August 5 - 7, 2004
Omni Interlocken Hotel
Broomfield, Colorado

2004 USLAW Member Meeting
September 16 - 18, 2004
Westin Savannah Resort
Savannah, Georgia

USLAW West Region Meeting
November 12, 2004
Las Vegas, Nevada

USLAW Quail Hunt
November 18 - 20, 2004
Mexico

2005 USLAW Client Conference
March 10 - 12, 2005
Royal Sonesta Hotel
Nw Orleans, Louisiana

USLAW MEMBERS

Birmingham, AL
Carr Allison Pugh Howard Oliver & Sisson, P.A.
 
Phoenix, AZ
Jones Skelton & Hochuli, P.L.C.
 
Tucson, AZ
Chandler & Udall, LLP

Little Rock, AR
Quattlebaum, Grooms,  Tull & Burrow

Los Angeles, CA
Murchison & Cumming

Santa Barbara, CA
Snyder Law, P.C.
 
San Diego, CA
KLINEDINST, P.C.
 
San Francisco, CA
Dillingham and Murphy, L.L.P.
 
Jacksonville, FL
Marks Gray, P.A.
 
Miami, FL
Wicker Smith O'Hara McCoy Graham & Ford, P.A.
 
Tallahassee, FL
McFarlain & Cassedy, P.A.
 
Atlanta, GA
Hall Booth Smith & Slover, P.C.
 
Chicago, IL
O'Hagan Smith & Amundsen, L.L.C.
 
Louisville, KY
Greenebaum Doll and McDonald, P.L.L.C.
 
New Orleans, LA
McCranie Sistrunk Anzelmo Hardy Maxwell & McDaniel, P.C.
 
Boston, MA
Donovan Hatem, L.L.P.
 
Detroit, MI
Clark Hill, P.L.C.
 
St. Paul, MN
Larson King, L.L.P.
 
Gulfport, MS
Carr Allison Pugh Howard Oliver & Sisson, P.A.
 
Ridgeland, MS
Copeland, Cook, Taylor & Bush, P.A.
 
St. Louis, MO
Lashly & Baer, P.C.
 
Las Vegas, NV
Jones Vargas

Albuquerque, NM
Modrall Sperling

Alberston, NY
Ahmuty, Demers & McManus
 
Hawthorne, NY
Traub, Eglin, Lieberman & Straus
 
Dickinson, ND
Mackoff Kellogg Law Firm
 
Akron, OH
Roetzel & Andress, LPA
 
Oklahoma City, OK
Pierce Couch Hendrickson Baysinger & Green, L.L.P.
 
Portland, OR
Williams, Kastner & Gibbs, PLLC

Pittsburgh, PA
Pietragallo Bosick & Gordon
 
Philadelphia, PA
Sweeney & Sheehan, P.C.
 
Columbia, SC
Sweeny Wingate & Barrow, P.A.
 
Charleston, SC
Buist Moore Smythe & McGee, P.A.
 
Pierre, SD
Riter, Rogers, Wattier & Brown, L.L.P.
 
Memphis, TN
Martin, Tate, Morrow & Marston, P.C.
 
Beaumont, TX
Orgain, Bell & Tucker, L.L.P.
 
San Antonio, TX
Cox & Smith Incorporated
 
Richmond, VA
LeClair Ryan, P.C.
 
Seattle, WA
Williams Kastner & Gibbs, PLLC
 
Huntington, WV
Huddleston Bolen, LLP

Milwaukee, WI
O'Hagan Smith & Amundsen, L.L.C.


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