Robert L. Abell - Attorney at Law

Robert L. Abell - Attorney at Law Robert L. Abell - Attorney at Law

08/21/2018

Does a plaintiff have to prove that an employer had a particular animus toward employees with disabilities to sustain a disability discrimination claim? "No" answered the Sixth Circuit in EEOC v Dolgencorp LLC. We discussed this case in an earlier...

08/20/2018

Once an employee with a disability covered by the Americans With Disabilities Act (ADA) requests a reasonable accommodation for that disability the employer has a duty to explore the nature of the employee's limitations, if and how those limitations affected...

08/17/2018

A blockbuster race discrimination verdict against UPS was upheld by the Kentucky Court of Appeals last week, UPS v. Barber. The appeals court affirmed entirely the jury's verdict and the circuit judge's rulings. The case was brought by a group...

06/20/2018

A federal indictment unsealed today reveals that the career of West Virginia Supreme Court Justice Allen Loughry is in ashes and for the following, at least according to the Indictment: use of a Cass Gilbert desk (for about four years), $2764.18 and three lies. I got interested in this because news....

06/19/2018

"Throughout the American workplace, pregnancy discrimination remains widespread." This the New York Times concludes in an excellent analysis: Pregnancy Discrimination Is Rampant Inside America's Biggest Companies. There are legal protections and remedies under both federal and Kentucky state law. A....

06/15/2018

I know little of the Lanham Act, which regards trademarks, but the 6th Circuit's opinion in Sazerac Brands LLC v. Peristyle LLC answers these questions: what is bourbon, who was Colonel Taylor and, perhaps most important of all, why is Kentucky bourbon so good? Judge Jeffrey Sutton helpfully explain...

06/06/2018

"No" the Supreme Court has answered in Collins v. Virginia. The case arises from an intersection of two prongs to the Fourth Amendment: (1) the protection offered a home and its immediate surroundings (called "curtilage") and, (2) the automobile (better called the motor vehicle) exception to the war...

05/17/2018

Does the Fourth Amendment apply when a rental car is stopped and the driver is not an authorized driver? As a general rule, yes, the Supreme Court ruled recently in Byrd v. United States. Terrence Byrd and his girlfriend, Latasha Reed, drove to Budget car rental center. Reed went in and rented a For...

04/18/2018

Sometimes a "burglary" isn't really a "burglary" and sometimes it doesn't matter whether it is or is not, the reason being in such instances the most lasting of all reasons: just because you're still screwed. Let's talk about how this maxim played out in the case, Potter v. United States, just decid...

04/05/2018

So begins the Sixth Circuit's opinion in United States v. Perkins, where the defective ex*****on of an anticipatory search warrant resulted in suppression of methamphetamine. "Many good Fourth Amendment stories begin with dogs" and, so it is, a dog's sniff alerted law enforcement to the presence of....

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