The U.S. Supreme Court has declined to immediately take up a petition of U.S. Sen. Robert Menendez, D-New Jersey, claiming that corruption charges against him are pre-empted by the speech or debate clause of the Constitution. The court’s Monday order denying certiorari, clears the way for U.S. District Judge William Walls of the District of New Jersey to resume pretrial proceedings, which have been on hold since Menendez filed an appeal to the U.S. Court of Appeals for the Third Circuit in November 2015.
Category: Third Circuit Court of Appeals
3rd Circuit Addresses Requirements of Mandatory Arbitration
As the costs of employment litigation continue rising, employers continue to look to alternative dispute resolution processes to gain control over potential lawsuits. In Zimmer v.
Title IX Applies to Hospital Medical Residency Program, Third Circuit Rules
Reviving a former resident’s gender discrimination claims against Mercy Catholic Medical Center on Tuesday, the U.S. Court of Appeals for the Third Circuit ruled for the first time that Title IX extends to programs offered by private entities that use federal funds to offer educational programs.
Court reinstates part of Scranton worker’s lawsuit
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Third Circuit Upholds Termination of Employee Based on DUI During FMLA Leave
Employers sometimes receive information about employees on medical leave that makes them question the legitimacy of the leave request. For example, an employee who is approved for Family and Medical Leave to care for a sick parent posts pictures on her Facebook page of her recent Caribbean cruise.
Appellate court says Uber drivers are independent contracts, not employees
Siding with the San Francisco-based technology giant, a Florida appeals court Wednesday upheld a decision by Gov. Rick Scott’s administration that Uber drivers are independent contractors – not employees – and therefore not eligible for unemployment benefits. The unanimous decision by the three-judge panel of the 3rd District Court of Appeals stems from an unemployment claim filed in 2015 by Darrin McGillis, who spent five months as an Uber driver before the company dropped him.
Certain Bonuses Not Due For Family Medical Leave Act
The Family Medical Leave Act requires that employees taking leave under the act are to be treated in the same manner as if they had remained in the workplace. In a recent case of first impression, the 3rd U.S. Circuit Court of Appeals held that certain types of bonuses may be prorated for the period during which an employee is on FMLA leave.
Moosic seeks fees, costs in suit filed by doctor
Moosic borough wants a federal judge to award it more than $134,000 in attorney’s fees and costs related to its defense of a lawsuit filed six years ago by the doctor whose company provides inmate medical care at the Lackawanna County Prison. In seeking the award, attorneys for Moosic argue the lawsuit that Edward Zaloga, D.O., and his company, Correctional Care Inc., brought against the borough and several of its officials in December 2010 was mostly frivolous and without foundation.
Deputy’s Right to Privacy Determined to Outweigh Gov’t Interest
When is filming your female subordinate while in various states of undress a constitutional violation? That was the issue the 3rd U.S. Circuit Court of Appeals grappled with in its Oct. 12 opinion in Doe v. Luzerne County .