This manual is a must-read collection of valuable authorities for plaintiffs, defendants and government enforcement officials. Author has set forth in a concise, user-friendly manner, the proof required at each stage of the ADA liability case. He has organized by topic the position of the EEOC and the courts on key issues. His presentation on EEOC positions, from amicus briefs and Commission decisions which most readers would be unlikely to find, is unique. So, too, is his compilation of scores of court decisions which are not officially published but are citable both in court and agency proceedings. Employers who submit position statements to the EEOC and state agencies would be well-advised to use this book as a guide throughout the administrative process. It provides a framework for analyzing the ADA charge, determining what factual information to collect for a defense, and evaluating the appropriateness of an early settlement before the other side is educated about the weaknesses in the employer's case. The text helps the employer articulate the reasons it is entitled to prevail based upon the statute, regulations, other EEOC publications, or court decisions. And, it gives the employer ammunition to rebut the relevance of the EEOC's request for information and to contest the EEOC's counter arguments.

It is no secret that since the 1980s, American workers have lost power vis-à-vis employers through the well-chronicled steep decline in private sector unionization. American workers have also lost power in other ways. Those alleging employment discrimination have fared increasingly poorly in the courts. In recent years, judges have dismissed scores of cases in which workers presented evidence that supervisors referred to them using racial or gender slurs. In one federal district court, judges dismissed more than 80 percent of the race discrimination cases filed over a year. And when juries return verdicts in favor of employees, judges often second guess those verdicts, finding ways to nullify the jury's verdict and rule in favor of the employer. Most Americans assume that that an employee alleging workplace discrimination faces the same legal system as other litigants. After all, we do not usually think that legal rules vary depending upon the type of claim brought. The employment law scholars Sandra A. Sperino and Suja A. Thomas show in Unequal that our assumptions are wrong. Over the course of the last half century, employment discrimination claims have come to operate in a fundamentally different legal system than other claims. It is in many respects a parallel universe, one in which the legal system systematically favors employers over employees. A host of procedural, evidentiary, and substantive mechanisms serve as barriers for employees, making it extremely difficult for them to access the courts. Moreover, these mechanisms make it fairly easy for judges to dismiss a case prior to trial. Americans are unaware of how the system operates partly because they think that race and gender discrimination are in the process of fading away. But such discrimination still happens in the workplace, and workers now have little recourse to fight it legally. By tracing the modern history of employment discrimination, Sperino and Thomas provide an authoritative account of how our legal system evolved into an institution that is inherently biased against workers making rights claims.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

This practical resource includes perspectives from the point ofview of both plaintiff and defendant for cases involving questionsof race, gender, disability, and age. In addition, it offers anoverview of the process by which complaints are filed, the statutesunder which they are filed, and the authority represented byvarious case law. Employment Discrimination Litigation willilluminate myriad issues such as Daubert motions, classcertification issues, the setting of cut scores that will withstandchallenge, common statistical analyses of adverse impact, andmerit-based issues. Employment Discrimination Litigationalso Presents a temporal description of a typical employmentdiscrimination case from start to finish Outlines the major guidelines that are often invoked inemployment litigation—the A.P.A. Standards, UniformGuidelines, and SIOP Principles Reviews litigation related to the Fair Labor Standards Act References written judicial opinions that relate the activitiesand devices most often employed by industrial and organizationalpsychologists

To make it easy for you to prepare for a particular deposition or examination, the book is organized by witness. Each witness-specific section delivers: (1) trial-tested strategies and arguments, (2) model deposition questions specific to cause of action and annotated with tactics, (3) checklists and tactics for direct and cross examinations, with extensive examples sprinkled with practice tips, and (4) summary checklists of the important points that should be inquired into for each cause of action. Tools and advice are provided for both employee and management attorneys.Mastering the art of questioning employment witnesses is a career-long process.It can take dozens of years in the courtroom to learn how to persuasively: (1) demonstrate that reasonable economists can disagree, (2) compel an adverse witness to ratify your position, and (3) contradict a manager or plaintiff on an important fact.Tod Schleier's Deposing & Examining Employment Witnesses will take years off your learning curve. It is filled with practical strategies, examples, tactics, and tips for successful questioning and other essential elements of employment advocacy.

No one can operate effectively in the court rooms of tomorrow without a good understanding of wheres, hows and whys of digital evidence. As a cover-to-cover read to learn more about the hot topics and latest case law in e-discovery, this book can provide that understanding. After a read through, this book can be used again and again as a reference, with its appendix of useful reference materials to look up cases and arguments to use in daily practice. It's written in an easy-to-read style, making it perfect for anyone interested in e-discovery. Book jacket.

Aviation law is a constantly evolving area of practice, continuing to change in response to the many challenges facing the industry. Litigating these cases is notoriously complex and challenging, requiring extensive expertise with aviation and engineering principles coupled with detailed legal analysis. A long-trusted resource, this updated edition of Litigating the Aviation Case provides current information and strategic guidance on all aspects of aviation litigation. An overview and analysis of the current legal issues in aviation litigation by the most prominent names in the aviation legal community, this revised edition offers important updates and insights on traditional issues as well as in-depth discussion of current and evolving topics, many of which are in response to the multijurisdictional nature of aviation. The book's 38 chapters address critical issues in aviation litigation, including: - Jurisdiction- Forum non conveniens- Preemption- The Montreal Convention- Unruly passengers- Preservation of evidence- Insurance coverage- Damages- The impact of trade sanctions and Medicare on litigation, and moreWritten by practicing litigators who share their insights and expertise, this compendium offers strategic guidance on the full array of aviation litigation issues, including: - Locating recognized sub-specialists- Maximizing the effectiveness of evidence- Presenting effective opening and closing statements- Cross-examining witnesses- Developing winning trial strategies