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March 2017 Archives

"Sex Stereotyping" and Title VII Protections

Gender identity has become an increasingly prevalent issue, in the news and across social media. In Obergefell v. Hodges, the 2015 U.S. Supreme Court landmark case recognizing the fundamental right to marry for same-sex couples, Justice Kennedy began the majority opinion by holding that "The Constitution promises liberty all within its reach, a liberty that includes certain specific rights that allow persons ... to define and express their identity." 135 S.Ct. 2584, 2593 (2015). The ability to define one's own identity is broader than a simple demarcation between competing sexual orientations. Not surprisingly, employers have begun to find themselves tasked with accommodating the transitioning or transitioned employee in recognition of that individual's protected liberties, often in the face of antagonistic coworker responses, without creating an unreasonable interference with the employer's business.

3 benefits of a special needs trust

Special needs trusts are those that are created and managed for the benefit of someone who has special needs. Typically, beneficiaries are mentally challenged or disabled in some way, making it difficult or impossible for them to manage the assets themselves. Special needs trusts can be a way to ensure those with these needs is cared for, even if you are no longer able to assist them yourself.

Hollaway v. Direct General: A Good Bad-Faith Recap

In a published opinion, the Kentucky Supreme Court recently affirmed the entry of summary judgment in favor of an insurer on a bad-faith claim. In Hollaway v. Direct Gen. Ins. Co. of Mississippi, Inc., 497 S.W.3d 733 (Ky. 2016), a third-party bad-faith claim arose out of a low-speed, parking lot automobile accident. Id. The facts concerning which driver was at fault and whether the accident caused Plaintiff's injuries were contested. Id at 734. Plaintiff Hollaway brought a personal injury claim against the driver of the other involved vehicle, along with an underinsured motorist claim against her insurer and a bad-faith claim against Direct General. Id. at 735. Direct General settled Hollaway's property damage claim for approximately $460 and her personal injury claim for $22,500. Id. Hollaway had originally demanded $125,000 to resolve her personal injury claim, and proceeded with her bad-faith claim notwithstanding the settlement. Id.

Fayette County Teen Court Program

Since 1997, Bennett Bayer has presided as judge for the Fayette County Teen Court Program. For the last three years, our very own Whitney Stepp has assisted Bennett as the Fayette County Teen Court Coordinator. For at least a decade it has been a tradition for one of our associates or paralegals to act as Coordinator.

What's the best way to spend your inheritance?

Whether you knew it was coming or you are surprised by a sudden windfall, you may wonder how best to spend your inheritance. Many people use the unplanned money to splurge on items they've always wanted or fund a family vacation, but here are four tips for spending your inheritance wisely and making it last as long as possible.

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