before. during. after. When thinking about how a sexual assault affects a survivor, some people might tend to focus on these latter two periods. They may think that the actual moments of sexual violence would be when the trauma begins and consider the aftermath to be when a survivor reflects on what occurred, possibly experiences…
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Is it acceptable to dismiss an injured worker once all reasonable accommodations and options have been considered? If yes, what exactly is considered reasonable? The NSW Industrial Relations Commission recently shed light on these troublesome questions. It confirmed that an employer is not obliged to provide suitable alternative duties to an injured worker indefinitely nor…
To print this article, all you need is to be registered or login on Mondaq.com. More than a year after oral arguments in Calcano v. Swarovski North America Ltd., no. 20-1552, the US Court of Appeals for the Second Circuited a lower court’s dismissal of five nearly identical lawsuits brought by blinds seeking to compel…
06 June 2022 McLeish Orlando LLP To print this article, all you need is to be registered or login on Mondaq.com. Imagine you are driving on the highway when you are rear-ended by another vehicle and suffer an injury. You contact our office for a free consultation and one of our…
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The traumatic aftermath of the Bourke Street Massacre in Melbourne in 2017, has left many permanently affected for the rest of their lives. According to the TAC, there have been 14 TAC common law claims for those hit by the car, 12 claims for the family members of those who were either killed or injured…
To print this article, all you need is to be registered or login on Mondaq.com. The Seventh Circuit rejected emotional distress and other intangible injuries as a basis for Article III standing in a class action seeking statutory damages under the Fair Debt Collection Practices Act (FDCPA). Of Pierre v. Midland Credit Management, Inc., Nos….
To print this article, all you need is to be registered or login on Mondaq.com. The Limitation Act 1953 provides the limitation period of 6 years where a plaintiff is allowed to enforce its rights against any contractual or tortious claim. In another word, after the 6 year period, any persons will generally be barred…
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The TCC, Commercial Court and Chancery Divisions of the High Court already have established Early Neutral Evaluation (ENE) provisions, often judge-led. This article is aimed at private ENE outside of those existing provisions. The article considers those disputes in which ENE is less commonly used, such as professional negligence actions, personal injury claims and contractual…
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