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This past term generated a number of opinions by the Supreme Court that evidently reflect disregard as much for practical reality as for long-standing law. Although the pro-corporate bias of the Supreme Court is nothing new, the degree of that bias i… Read More

The latest decision by the Supreme Court about the arbitration of statutory claims will, going forward, preclude court action even when doing so deprives small businesses and many people of any meaningful legal recourse. In rendering such an extreme… Read More

Both Federal and State courts have adopted evolving definitions of what amounts to harassment in violation of civil rights and employment laws. Based on a series of decisions by the United States Supreme Court, the general understanding of harassment… Read More

On May 24, 2013, Minnesota Governor Mark Dayton signed into law transformative amendments that provide more protection for whistleblowers. This is an exceptional development at a time when whistleblowers are increasingly under attack. In fact, Presid… Read More

Minnesota Governor Mark Dayton recently signed into law amendments to the Minnesota Payment of Wages Act to confirm that the statute enables employees to recover unpaid compensation – as well as statutory penalties, attorney’s fees, and litigatio… Read More

In another 5-4 decision, the Supreme Court ventured into the public policy thicket and came out on the side of defendants. In Kiobel v. Royal Dutch Petroleum, the Supreme Court held that the Alien Tort Claims Act (“ATCA”) generally no longer prov… Read More

One of the most important tools for ending misdeeds and for compensating the resulting victims is litigation prosecuted on a class-wide basis. Consistent with its apparently escalating hostility toward such systemic legal action, the Supreme Court re… Read More

In another example of legal maneuvering, lawyers representing employers and other defendants in civil matters are seeking to change the rules of the game so that it is more difficult to have one’s day in court. These corporate agents want to change… Read More