Second Circuit holds fraud actionable in employment agreements

Article Abstract:

The US Court of Appeals for the 2d Circuit held in Stewart v. Jackson-Nash that an employer can be liable for fraud for misrepresentations about prospective employment. The case concerned an attorney who changed law firms on the representation that the second firm intended to expand in her specialty of environmental law and that she would head this department. The court found the law firm's claims to be fraudulent because they represented present fact rather than promises about the future and also ruled that oral representations relied upon to the plaintiff's detriment were actionable in fraud.

Fraud, Law firms

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The expanding role of arbitration and judicial concern: a need to redefine ground rules

Article Abstract:

Arbitration and other types of alternative dispute resolution are being used more extensively because of the high cost and time involved in litigation. This use is encouraged, but there is a need to set ground rules so that arbitration agreements are enforceable. The agreement to arbitrate a dispute should be simple and understandable to the parties, and clear procedural rules should be set forth. Employees should be able to choose their own representatives. Experts in industry and business should be available to help resolve the disputes.

United States, Management, Dispute resolution (Law), Labor arbitration

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The "reasonable woman" standard: the Ninth Circuit decrees sexes perceive differently

Article Abstract:

The Ninth Circuit Court of Appeals in Ellison v Brady posited a 'reasonable woman' standard for judging claims of sexual harassment. The court held that only the victim's perspective can judge the severity of sexual harassment and that this requires taking into account the different perspectives of men and women. Courts must acknowledge that sexual harassment's roots lie in the imbalances of power between the sexes. Remedies should be severe enough to end the harassment although this does not always mean dismissal.

Sexual harassment, Employment discrimination, Reasonable man doctrine, Reasonable person standard

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