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Last update: Mar 19, 2007
Lane Powell: Anatomy of a Moter Vehicle Case: Alcohol Sep 15, 2004
08 or greater with two hours of driving; a blood alcohol concentration of. 08; driving under the influence or affected by alcohol or any drug, or driving under the combined influence or affected by alcohol or any drug
Dorsey & Whitney: 2003 Pro Bono Annual Report Jun 01, 2004
While the Court rejected the admissions program of the undergraduate school, which assigned a specific number of points based upon an applicant's race, it affirmed Justice Powell's rationale enunciated in Bakke that the consideration of race within an individualized assessment of candidates is constitutional. While ostensibly under OPA's protection for seven and a half years, our client cycled in and out of jail, psychiatric hospitals and drug and alcohol rehabilitation facilities
Hodgson Russ: Employee Benefits Developments 2/9 to 2/20 2004 Mar 08, 2004
Hartford Life and Accident Insurance Co. refused to pay an additional benefit for “accidental death” arguing that Schanus’s voluntary intoxication and driving was considered a “self-inflicted injury” and not an “accident” under the life insurance plan. The United States Court of Appeals for the Eighth Circuit disagreed and ruled the insured participant must have both a subjective intent and an objective expectation of not being injured and that death caused by crashing a motorcycle while
Kramer Levin: PDF February 2004 Newsletter Feb 01, 2004
While you are outraged, morally offended, and frustrated, you are concerned that you either will not be able to prove any actual damages or that the provable damages will be quite small. Although unstated, the driving force behind the court's decision appears to have been the factual dispute concerning whether a verbal agreement existed
McGlinchey Stafford: Holiday Happenings Dec 01, 2000
A great number of legal and human relations issues need to be considered, however, and while preparing for the festivities employers should attempt to minimize their exposure to liability and avoid having a wonderful event turn into a tragedy. Offer "last call" an hour before the party is to end, and use the remaining time for presenting door prizes or seasonal greetings, encouraging guests to stay while giving them a chance to sober up
Troutman Sanders: Fall 1999 Oct 01, 1999
This article focuses on the topics of cyber-recruiting, and avoiding employee privacy claims while monitoring their activity and use of high-tech communications and information systems. While planningandpreparingfortheseholidaygatherings, employers should be aware of potential liability for accidents caused by intoxicated employees
Update for the Week of February 23
Palmer & Dodge: Labor & Employment Review - Fall 2002
" The plaintiff, George Bailey, worked for 12 years as a paper handler at a Georgia-Pacific paper mill in Woodland, Maine. Throughout that time, he was addicted to alcohol, but able to fulfill his employment responsibilities. In March 1999, Bailey pleaded guilty to a charge of driving while intoxicated and was ordered to serve a four-month jail term. Bailey was forced to use all of his vacation and sick leave while in jail. When that vacation time expired and Bailey was unable to return to work
Ulmer & Berne: Court Upholds Most of Public Sector Employer's Dru...
Since the threshold is only one-fifth the legal limit for driving while intoxicated, it is possible that a positive result could be based solely on legal, off-duty ingestion of alcohol. While the Sixth Circuit's reasoning could be applied in other settings, both educational and otherwise, such application must be made on a case-by-case basis after reviewing all of the relevant facts
Weil: ADA Claims Based on "Last Chance Agreements"
How he addresses the long-term aspects of working while recovering from a substance abuse is an issue he will have to work out with his employer. The challenge facing employers is to address an employee s problem with substance abuse and enable that employee to return to work following a binge, while at the same time allowing the employer to preserve its high standards for productivity and work performance and not trigger liability under the ADA. As reflected in the two recent cases discussed
Weil: ADA Claims Based on "Last Chance Agreements"
How he addresses the long-term aspects of working while recovering from a substance abuse is an issue he will have to work out with his employer. The challenge facing employers is to address an employee s problem with substance abuse and enable that employee to return to work following a binge, while at the same time allowing the employer to preserve its high standards for productivity and work performance and not trigger liability under the ADA. As reflected in the two recent cases discussed
Weil: ADA Claims Based on "Last Chance Agreements"
How he addresses the long-term aspects of working while recovering from a substance abuse is an issue he will have to work out with his employer. The challenge facing employers is to address an employee s problem with substance abuse and enable that employee to return to work following a binge, while at the same time allowing the employer to preserve its high standards for productivity and work performance and not trigger liability under the ADA. As reflected in the two recent cases discussed
Weil: ADA Claims Based on "Last Chance Agreements"
How he addresses the long-term aspects of working while recovering from a substance abuse is an issue he will have to work out with his employer. The challenge facing employers is to address an employee s problem with substance abuse and enable that employee to return to work following a binge, while at the same time allowing the employer to preserve its high standards for productivity and work performance and not trigger liability under the ADA. As reflected in the two recent cases discussed
Epstein Becker & Green: PDF
Tingle, a Loram employee, was allegedly "an enthusiastic participant in an illegal drug culture that was allowed to flourish among the employees at Loram." Apparently Tingle was a heavy methamphetamine user who had used drugs and threatened violence while on the job, incidents which were reported to Loram management. The court of appeals affirmed the trial court's judgment, and Loram appealed to the Supreme Court of Texas, contending it owed no duty to Ianni because even if it was negligent in
Weil: ADA Claims Based on "Last Chance Agreements"
How he addresses the long-term aspects of working while recovering from a substance abuse is an issue he will have to work out with his employer. The challenge facing employers is to address an employee s problem with substance abuse and enable that employee to return to work following a binge, while at the same time allowing the employer to preserve its high standards for productivity and work performance and not trigger liability under the ADA. As reflected in the two recent cases discussed
