Tag: Court of Appeals

Third Circuit Rules Teacher’s Derogatory Speech Not Protected by First Amendment

Friday, September 18, 2015

A recently published “Legal Clips” post by the National School Boards Association (NSBA) discusses a ruling by the U.S. Court of Appeals for the Third Circuit that a discharged teacher’s First Amendment claim against a Pennsylvania school district failed because the disruption caused by her derogatory blogs about students, parents and school administrators outweighed her free speech rights. Read More

What Can an Employer Do When Confronted With A False EEOC Discrimination Charge?

Tuesday, October 7, 2014

It is not unusual for an employer to conclude that a discrimination charge filed by an employee with the federal Equal Employment Opportunity Commission (EEOC) is false. Does the employer have a right to terminate or otherwise discipline the employee for filing a false claim? Are there potential pitfalls if the employer decides to conduct its own investigation into the charge but stops short of taking disciplinary action? The July 23, 2014 decision of the U.S. Court of Appeals for the Second Circuit in Cox v. Onondaga County Sheriff’s Department, Docket No. 12-1526-CV, supplies some valuable insights into how New York State employers may be able to reduce the risk of a subsequent retaliation claim when they react to a false EEOC charge. Read More

Municipal Employer Refused to Bargain in Good Faith When it Unilaterally Discontinued the Practice of Assigning Take Home Cars to Certain Employees

Tuesday, June 17, 2014

A divided New York Court of Appeals recently ruled that the Town of Islip’s permanent assignment of “take home” vehicles to certain employees was a past practice regarding terms and conditions of employment and, as such, it qualified as a mandatory subject of bargaining, which the Town could not unilaterally discontinue. Town of Islip v. New York State Public Employment Relations Board (PERB), 2014 WL 2515720 (June 5, 2014). However, the Court also determined that PERB’s remedial order, which required the Town to restore vehicle assignments to the affected employees, was unreasonable because the vehicles had been sold. Read More

Second Circuit’s Recent Ruling Finds that the Least Restrictive Environment Requirement of the Individuals with Disabilities Education Act (IDEA) Applies to Extended School Year Component of IEP

Wednesday, April 23, 2014

The National School Boards Association (NSBA) has recently published a "Legal Clips" post on the recent U.S. Court of Appeals for the Second Circuit three-judge panel's ruling that the Individuals with Disabilities Education Act’s least restrictive environment requirement applies to the extended school year component of a special education student’s individualized education plan just as much as it applies to the school year component of the individualized education plan. Read More

New York’s Highest Court Halts School District’s Effort to Modify Retirees’ Health Coverage

Friday, January 17, 2014

The New York Court of Appeals recently held that retirees of the Newfane Central School District in Niagara County have a vested right under expired labor contracts to a continuation of the same health coverage under which they retired, until the age of 70, and that the New York Insurance Moratorium Law did not provide a basis for abrogating their vested contractual rights (Kolbe v. Tibbetts, 2013 WL 6499307, 197 LRRM 2794 (Dec. 12, 2013)). However, because issues of fact remained as to the intended scope of the retirees’ right (i.e., whether the retirees had the right to receive the “same coverage” or “equivalent coverage”), the Court remanded the case to the trial court for further factual development. Read More

State’s Highest Court Creates New Cause of Action Against Third-Party Drug Testing Laboratories for “Negligent Testing”

Friday, October 18, 2013

On October 10, 2013, the New York State Court of Appeals held by a 4-3 margin in Landon v. Kroll Laboratory Specialists that an individual may proceed with a lawsuit against Kroll Laboratory Specialists, Inc. (Kroll), a drug testing laboratory, for the alleged negligent testing of a biological sample. Read More

Court of Appeals Holds that School District’s Long-Standing Payment of Medicare Part B Premiums for Retirees Gives Rise to Binding Expectation of Continuance

Tuesday, August 13, 2013

The New York State Court of Appeals recently ruled that a school district’s voluntary payment of Medicare Part B premiums for over-65 retirees, after a contractual requirement to do so was dropped, gave rise to a binding expectation that it would continue providing such benefits. In Chenango Forks CSD v. New York State Public Employment Relations Board, 2013 WL 2435066 (June 6, 2013), the Court noted that the dispute arose when the school district circulated a memorandum to its faculty and staff announcing that, due to the cost, it was terminating its long practice of reimbursing Medicare Part B premiums to retirees 65 or older. Read More

Second Circuit Upholds $1 Million Jury Verdict Against New York District for Student-on-Student Racial Harassment

Monday, December 3, 2012

A three-judge panel of the U.S. Court of Appeals for the Second Circuit has ruled that a New York state school district is liable under Title VI for student-on-student harassment based on race and color, upholding a $1 million reduced jury verdict. Read More