A severe injury can result in lost time from work, ongoing medical expenses, permanent disability, and other losses that can significantly affect the rest of a victim’s life. Our library articles guide injury victims through their claims, helping them understand their liability, learn how to gather evidence, and navigate the complexities of a personal injury case.
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National Guardsman Wins USERRA CaseUSERRA makes it unlawful to discharge an employee because of his military service obligations. $300,000 plus were awarded as damages to a National Guardsman in this USERRA case.
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Wage Class Action Under RICO Approved - Kentucky Employment LawyerCan workers sue for reduced or depressed wages where the employer systematically hires undocumented workers/illegal aliens? This lawsuit approves a class action under RICO for triple damages, Williams v. Mohawk Industries.
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Disability Discrimination - Chronic Fatigue Syndrome Found DisablingIs Chronic Fatigue Syndrome a disability under the Americans With Disabilities Act? This case, EEOC v. Chevron Phillips, ruled that its impairment to the employee's major life activities of caring for herself, thinking and sleeping made it a covered disability.
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Disability Discrimination - Chronic Fatigue Syndrome Covered By Americans With Disabilities ActIs Chronic Fatigue Syndrome a disability under the Americans With Disabilities Act? This case, EEOC v. Chevron Phillips, ruled that its impairment to the employee's major life activities of caring for herself, thinking and sleeping made it a covered disability.
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Sexual Harassment - Hostile Work Environment Created By "Locker Room" AtmosphereLexington, Kentucky sexual harassment lawyer Robert Abell discusses what constitutes unlawful sexual harassment illustrating the points with a court decision.
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Bicycle Accidents - Bicyclist Does Not Assume Risk of Defective Roadway - Cotty v. SouthamptonA bicyclist does not assume the risk of a defective roadway and may sue for her injuries and damages a New York appellate court has ruled recently in Cotty v. Southampton.
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Sex Discrimination - Stereotyping The Male Accused of Sexual HarassmentA male accused of sexual harassment and stereotyped as guilty may sue for sex discrimination the court ruled in this case, Sassaman v. Gamache. Lexington, Kentucky employment lawyer Robert L. Abell discusses the perils of stereotyping and discrimination in this article.
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Disability Discrimination - Epilepsy and the Americans With Disabilities ActAn epileptic "regarded as" disabled and fired by his employer was awarded $475,000 in his Americans With Disabilities Act suit. Lexington, Kentucky employment lawyer Robert L. Abell discusses the case, Finan v. Good Earth Tools, Inc., in this article.
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Sex Discrimination - Male Accused of Sexual Harassment May Sue For Sex Discrimination - Sassaman v. GamacheA male accused of sexual harassment and stereotyped as guilty by his employer may sue for sex discrimination ruled the Second Circuit Court of Appeals in this case, Sassman v. Gamache.
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Disability Discrimination - Epileptic Awarded $475,000 - Finan v. Good Earth Tools, Inc.An epileptic proved disability discrimination violating the Americans With Disabilities Act and was awarded $475,000 in damages in this case.
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The Importance of Uninsured Motorist (UM) Coverage Shown AgainUninsured motorist insurance coverage provides benefits where you are injured in a car wreck due to someone else's negligence and they do not have any liability insurance to cover your injuries and damages. Uninsured motorist coverage may provide benefits in a hit and run situation. The Kentucky Court of Appeals ruled in Slusher v. State Farm that the family of a man killed in a work accident could recover uninsured motorist benefits on his own policy.
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"Sex Plus" Discrimination: Woman Passed Over for Promotion Because of Presumed Childcare ResponsibilitiesLexington, Kentucky discrimination lawyer Robert Abell on "sex plus" discrimination occurring, for instance, where an employer passes over a better qualified woman for a promotion based on gender stereotypes about child care.
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Sexual Harassment - Hostile Work Environment Created By "Locker Room" Atmosphere - Gallagher v CH Robinson WorldwideA hostile work environment and sexual harassment can be created by a "locker room" atmosphere where sexual conduct and language is directed at and used by both men and women if a reasonable person would consider the atmosphere more offensive to women than to men the Sixth Circuit ruled in this case, Gallagher v. CH Robinson Worldwide, Inc.
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Pregnancy Discrimination Harms Perpetuated By Supeme CourtThe Pregnancy Discrimination Act was intended to eliminate and prohibit differences in benefits, including pension benefits, based on pregnancy. The Supreme Court's decision in AT & T v. Hulteen disregards this intention and perpetuates the decades-long harms of pregnancy discrimination.
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FMLA Violated By Retroactive Termination of Medical InsuranceRobert L. Abell is an employment lawyer in Lexington, Kentucky that represents employees whose rights under the Family Medical Leave Act (FMLA) have been violated. It is a violation of the FMLA for an employer to interfere with an employee's exercise of his or her rights under the FMLA and for an employer to retaliate against an employee for using their rights under the FMLA.
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Disability Insurance - Hartford Life Has Paid $13 Million To University Disability Consortium Since 2002Hartford Life has paid University Disability Consortium $13 million since 2002 for so-called independent medical evaluations on long-term disability claims. A federal district court ruled that, in view of this financially advantageous relationship, it would view UDC's opinions with "commensurate skepticism."
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There You Go Again: Admissibility of Other Bad Act Evidence Under KRE 404(b)Lexington, Kentucky employment lawyer Robert L. Abell published this article in The Advocate, the official publication of the Kentucky Justice Association, regarding how acts of discrimination directed at others can prove an individual employee's own discrimination claim.
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Race Discrimination - Discrimination Based On Advocacy For or Association With Co-Employee of Different Race Is Unlawful - Barrett v Whirlpool CorporationDiscrimination against an employee based on their advocacy for or association with another employee of a different race is unlawful. In this case, Barrett v. Whirlpool Corporation, the Sixth Circuit Court of Appeals rules that the degree of advocacy or association is unimportant.
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Lawsuit Filings From Kentucky Administrative Office of Courts: FY 2001 - 2008
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Sex Discrimination: Mother of Four Denied Promotion Subjected to "Sex Plus" Discrimination in Chadwick v. WellPointThis case, Chadwick v. WellPoint, involves unlawful "sex plus" discrimination and stereotyping. A better qualified woman candidate for a promotion was passed over based on the stereotypical assumption that becuase she was a woman she would neglect her job duties in favor of her presumed childcare and family responsibilities.