By Dawn Solowey

A great closing argument weaves the trial evidence into a compelling, memorable narrative. But trial counsel must also beware of improper argument, which can prove very costly, as shown by the recent Eighth Circuit decision in Gilster v. Primebank.
Continue Reading That Closing Argument Will Cost You: A Cautionary Tale of How One Improper Argument Led to a Vacated Verdict and New Trial

By:  Erin Wetty

As we all know, the Americans with Disabilities Act (ADA) requires employers to make reasonable accommodations for known disabilities of employees to enable them to perform a position’s essential functions, unless doing so would result in undue hardship to the employer’s operations.  42 U.S.C. § 12112(b).  Under the ADA, selecting an appropriate and reasonable accommodation requires a highly individualized, case-by-case analysis, one that depends on the employee’s disability and the essential functions of the job. 

As discussed in our July 30, 2013 blog entry, the EEOC has concluded that employees may be entitled to a leave of absence as a reasonable accommodation, unless the employer demonstrates that holding open the position would impose an undue hardship.

At What Point Is Enough Enough?

Although the ADA does not mandate any specific time limit on the amount of leave a disabled employee may take as a reasonable accommodation, the majority of courts to consider the issue have found that a leave of absence cannot be indefinite. 
Continue Reading “See you in…well, I don’t know when”: Is an Unlimited Leave of Absence a Reasonable Accommodation Under the ADA?