Limits on the Enforceability of Agreements to Arbitrate Injury Claims
By: Mark L. Moseley
Fifty years ago, pre-injury arbitration agreements were unenforceable in most states. Basically, this was because courts believed that the right to have claims resolved in court was a fundamental constitutional right that could not be waived before a claim arose. But in the 1970’s, that view began to change. The federal government and the states enacted laws making arbitration agreement provisions enforceable.
Obergefell and FMLA Benefits for Same-Sex Couples
By: Erin C.S. Izzo
Most recall Rowan County Clerk Kim Davis and her refusal to issue marriage licenses to same-sex couples in the face of the U.S. Supreme Court’s decision in Obergefell v. Hodges holding the right to marry is a fundamental right under the 14th Amendment Due Process and Equal Protection Clauses. 135 S.Ct. 2584 (Jun. 26, 2015). The legal ideology for same-sex marriage is just beginning to take shape, as States struggle between individual constitutional rights and federalism.
Case Establishes New Standard for Determining UM Priority
By: Lacy J. Fiorella
In 2007, Sharon Bartley was a passenger in a tractor-trailer owned and operated by her son, Joey. The vehicle was involved in a collision with an uninsured motorist, whose negligence was determined to have caused the accident. Sharon Bartley suffered injuries as a result.
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